In a significant development, the Supreme Court of India on Monday stated that it will seek an immediate report from the Chief Justice of the Calcutta High Court regarding the functioning of appellate tribunals constituted to hear appeals related to electoral roll revisions in West Bengal.
The matter was mentioned before a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi. Senior Advocate Devadatt Kamat raised serious concerns about the non-functioning of these tribunals, despite clear directions issued earlier by the apex court.
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Allegations of Non-Compliance and Procedural Barriers
During the oral mentioning, Kamat submitted that the appellate tribunals—set up to adjudicate disputes arising from inclusions and exclusions in electoral rolls following the Special Intensive Revision (SIR)—are failing to operate effectively. He highlighted multiple procedural hurdles being faced by affected citizens.
According to Kamat, the tribunals are:
- Not allowing legal representation by advocates,
- Refusing to accept physical applications, and
- Restricting submissions solely to online or computer-based formats.
He emphasized that such restrictions disproportionately affect citizens residing in remote areas, who may not have access to digital infrastructure or legal assistance. “There is a practical difficulty. Citizens from thousands of kilometres away are not allowed representation. This court’s order is not being followed,” Kamat argued.
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Court’s Response and Observations
Responding to the submissions, the Chief Justice expressed concern over the repeated mentions being made in relation to the West Bengal SIR issue. He remarked on what appeared to be a pattern of frequent applications being filed before the Court.
“Unfortunately, some professional strategy from this side… every day you people one after the other…,” CJI Kant observed, indicating a degree of dissatisfaction with the repeated urgent listings.
Nevertheless, acknowledging the seriousness of the allegations, the Court assured that it would obtain a report from the Chief Justice of the Calcutta High Court without delay. “We will get a report from the Chief Justice today itself,” the CJI stated.
Background: Supreme Court’s Earlier Directions
The development comes in the backdrop of the Supreme Court’s recent order aimed at safeguarding voting rights. The Court had directed that individuals whose appeals against deletion from electoral rolls are allowed by appellate tribunals within two days prior to polling must be permitted to vote.
With polling dates for the first and second phases scheduled for April 23 and April 29 respectively, the efficient functioning of these tribunals is crucial to ensuring that eligible voters are not disenfranchised.
