New Delhi: Issuing a slew of directions on the special intensive revision (SIR) of voter lists in West Bengal, Supreme Court on Monday directed the Election Commission of India to publish the names of about 12.5 million people against whom ECI has raised "logical discrepancy" objections.
A bench headed by CJI Surya Kant directed ECI to ensure that the verification of the people put in the 'logical discrepancies' category is conducted in a transparent manner, without causing stress and inconvenience to them. The lists have to be published in panchayat/block offices. SC noted that notices have been issued to around 20 million people for verification of documents.
These notices are classified in three categories: mapped, unmapped and logical discrepancy. Under 'logical discrepancy', authorities have noticed mismatches in the age of father or parents and grandparents, the court said. Objections to the enlisted names be filed within 10 days and further time be granted for submission of documents, SC ordered.
"Wherever the document is not found satisfactory...such persons shall be given an opportunity to present documents and also be heard at that very time in person or through authorised representatives present with the voter," SC ordered.
It directed West Bengal to ensure that adequate manpower is made available for deployment at places where hearings will be conducted. Local authorities have been directed to issue a receipt of documents received and also provide reasons for their final decision on objections.
Significantly, SC questioned issuance of directions by ECI via WhatsApp instead of an official circular. CJI Kant made it clear that a circular "has to be issued" by ECI and that there is "no question of running everything through WhatsApp".
SC directed that offices for submitting documents be set up at panchayat bhavans or block offices. If 'documents are found to be unsatisfactory, the election officers should give such people an opportunity of hearing'.
ECI counsel argued instructions have been issued to officers not to send notices citing spelling differences. But cases where the age difference with parents is 15 years or less are flagged as a 'logical discrepancy'.
Justice Joymalya Bagchi asked: "Why is it a logical discrepancy? How can a 15-year age gap between mother and son be a logical discrepancy? ...It is not as if we don't have child marriages in country."
A bench headed by CJI Surya Kant directed ECI to ensure that the verification of the people put in the 'logical discrepancies' category is conducted in a transparent manner, without causing stress and inconvenience to them. The lists have to be published in panchayat/block offices. SC noted that notices have been issued to around 20 million people for verification of documents.
These notices are classified in three categories: mapped, unmapped and logical discrepancy. Under 'logical discrepancy', authorities have noticed mismatches in the age of father or parents and grandparents, the court said. Objections to the enlisted names be filed within 10 days and further time be granted for submission of documents, SC ordered.
"Wherever the document is not found satisfactory...such persons shall be given an opportunity to present documents and also be heard at that very time in person or through authorised representatives present with the voter," SC ordered.
It directed West Bengal to ensure that adequate manpower is made available for deployment at places where hearings will be conducted. Local authorities have been directed to issue a receipt of documents received and also provide reasons for their final decision on objections.
Significantly, SC questioned issuance of directions by ECI via WhatsApp instead of an official circular. CJI Kant made it clear that a circular "has to be issued" by ECI and that there is "no question of running everything through WhatsApp".
SC directed that offices for submitting documents be set up at panchayat bhavans or block offices. If 'documents are found to be unsatisfactory, the election officers should give such people an opportunity of hearing'.
ECI counsel argued instructions have been issued to officers not to send notices citing spelling differences. But cases where the age difference with parents is 15 years or less are flagged as a 'logical discrepancy'.
Justice Joymalya Bagchi asked: "Why is it a logical discrepancy? How can a 15-year age gap between mother and son be a logical discrepancy? ...It is not as if we don't have child marriages in country."
