E-Paper
SC seeks ECI responses to pleas challenging Kerala, Tamil Nadu, Bengal SIR
The direction came even as the ECI argued that the situation on the ground is smooth and political leaders were unnecessarily creating a scare
The Supreme Court on Wednesday directed the Election Commission of India (ECI) to file responses by December 1 to the petitions challenging the Special Intensive Revision (SIR) of electoral rolls in Kerala, Tamil Nadu, and West Bengal.
The direction came even as the ECI argued that the situation on the ground is smooth and political leaders were unnecessarily creating a scare. Senior advocate Rakesh Dwivedi, appearing for the ECI, told the court that the situation was different from what is presented in the petitions challenging SIR. He said 99% of the enumeration forms have been distributed in Kerala, and much of the work is already over.
“The ECI is coordinating and consulting with the Kerala State Election Commission (KSEC) and the latter has assured that the enumeration will be over by December 4. This matter can be heard after that.”
The petitioners told the court that the situation is quite different as Booth Level Officers (BLO) entrusted with the enumeration exercise are being pressurised. They added that many BLOs have died by suicide, while some are hospitalised.
Dwivedi said the KSEC has said their work is not being hampered by the local body elections. “Their response is also essential in these proceedings. I have statistics to show that the exercise is going on smoothly. It is these political parties and leaders who are creating a scare.”
A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi said it will also ask the KSEC to file its response. “We will also get an official confirmation from ECI. They will give a clear status of what is happening on the ground.”
The court is hearing multiple petitions challenging the SIR in the three states. Dravida Munnetra Kazhagam, functionaries of the Kerala Congress, Communist Party of India (Marxist), and Trinamool Congress leader Dola Sen are among the petitioners.
The Kerala government has also filed a petition requesting for deferment of the SIR as it is clashing with the local body polls on December 9 and 11. It said deputing officers for SIR will adversely affect the smooth conduct of the polls.
The court agreed to hear the matter on December 2, considering the urgency in Kerala.
Senior advocate Raju Ramachandran, who represented some of the petitioners challenging the SIR in Tamil Nadu, said there is urgency in his state too, as 50% of the forms have been distributed. He added that the BLOs are facing problems in going door-to-door due to intermittent rains and an impending cyclone.
When the court asked if all the petitions were challenging only the SIR procedure, senior advocate Kapil Sibal replied that several pleas have questioned the basis for the process and its timing.
Senior advocate Kalyan Banerjee, appearing in a challenge to the West Bengal SIR, said that 23 BLOs have died by suicide in the state. He added that if the case is not heard, the draft roll will be published by December 9. Banerjee requested the court to issue notice to the state government to file a response.
The bench observed, “If we feel that an alarming situation has happened in the state and a large number of people have been left out, we can say you have made out a good case for us to intervene.”
The court agreed to have a dedicated hearing for Tamil Nadu matters on December 4 and for West Bengal on December 9. The court allowed the West Bengal government to file its response. It is separately examining the constitutional validity of the SIR in Bihar.
