New Delhi [India], April 1 : The Supreme Court has noted that the 19 Appellate Tribunals notified and set-up by the Election Commission of India (ECI) in the State for the purpose of final adjudication of applicants (who have either been excluded or included front the voter list) will have full access to the records and materials placed before the original adjudicating authorities (judicial officers) to effectively decide finality of appeals concerning inclusion or exclusion from electoral rolls.
A bench led by Chief Justice of India (CJI) noted that the Appellate Tribunals must examine the records, consider the reasons given by judicial officers, hear the parties and pass reasoned orders. While the Tribunals may regulate their own procedure in line with principles of natural justice, they should not entertain fresh objections unless they first verify the genuineness of such claims, the apex court observed.
The Court has listed the matter for the next hearing on April 6 at 4 pm, considering that the ECI's bid to freeze the voter list with the apex court's approval/consideration.
"As regard to the issue relating to providing reasons as pointed out by learned Chief Justice of Calcutta High Court, counsel for ECI informs that the Appellate tribunal will have access to the report which was placed by the parties - before the adjudicator to ensure that members of tribunal will have access to record for the purpose of disposing off appeals of persons whose names have been excluded from the voter lost or their inclusion. It goes without saying that the Appellate Tribunal carefully access the records along with reasons by the judicial officers adjudicating objections, and after apprising the parties give reasons to them for their exclusion/inclusion," the court noted.
"The AT shall be at liberty to follow their own procedure and the principles of natural justice. However, we entrust AT not to entertain fresh objections that have not been adjudicated by the judicial officers without verifying the genuineness of the parties. List on April 6 at 4 pm", the Court added.
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