SC seeks report on functioning of SIR appellate tribunals in Bengal

New Delhi, April 20 The Supreme Court on Monday said it would seek a report from the Chief Justice of the Calcutta High Court on the functioning of appellate tribunals constituted to hear electoral roll disputes arising out of the Special Intensive Revision (SIR) exercise in poll-bound West Bengal.

The issue was mentioned before a Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi by senior advocate Devdatt Kamat.

Kamat submitted that the appellate tribunals, set up pursuant to the apex court’s earlier directions, were not functioning effectively and were allegedly not complying with the top court’s orders.

Kamat argued that the appellate bodies were accepting only Internet-based applications and disallowing legal representation, thereby depriving individuals of an effective opportunity to pursue their appeals.

“The appellate tribunals are not working. Only computer and Internet-based applications are being taken. Representation is not being allowed. The orders of this court are not being followed,” the senior counsel submitted.

Taking note of the grievance, CJI Kant observed that repeated mentions were being made on similar issues and indicated that the Supreme Court would call for a response from the Chief Justice of the Calcutta High Court.

“Some or the other new mention regarding all this. Let us take a report from the Chief Justice of the High Court today itself,” the CJI Kant-led Bench said.

The development assumes significance in view of the apex court’s earlier orders mandating the creation of an independent appellate mechanism to adjudicate disputes relating to inclusion and exclusion from electoral rolls during the SIR exercise.

In March, the top court had directed the constitution of appellate tribunals comprising former High Court Chief Justices and judges, to ensure an independent forum for adjudicating electoral roll disputes.

It had authorised the Chief Justice of the Calcutta High Court to recommend names for such tribunals, with the Election Commission of India (ECI) tasked with issuing formal notifications and bearing the associated costs.

Subsequently, in an order passed earlier this month, the apex court clarified that persons excluded from the revised electoral rolls would be entitled to vote only if their appeals were allowed by the appellate tribunals within the stipulated timelines.

It had also recorded that multiple tribunals had been constituted and were functioning under a Standard Operating Procedure framed by a committee of former judges.

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