Charges of mass voter deletion in Bengal exaggerated, EC tells SC

The Election Commission has denied the allegation of large-scale disenfranchisement of voters in West Bengal due to the ongoing SIR of the electoral rolls, terming it as “highly exaggerated” and amplified to serve “vested political interests.”

In an affidavit filed in the top court, the poll panel asserted that the SIR exercise was essential for ensuring purity and integrity of electoral rolls — a constitutional requirement recognised by the Supreme Court in the 1995 TN Seshan versus Union of India case.

The EC said 99.77 per cent of the existing electors had been supplied with pre-filled enumeration forms and 70.14 per cent of filled-in forms had been received. These numbers demonstrated that the petitioner’s allegations regarding errors in implementation, under-inclusiveness and mass disenfranchisement were “highly exaggerated”.

It asserted that no name could be removed without following the procedure laid down in law and that the SIR guidelines themselves contained safeguards to ensure inclusiveness.

The affidavit has been filed in response to a PIL by TMC MP Dola Sen challenging the validity of the SIR orders issued by the panel on June 24 and October 27.

The EC said the SIR was a routine, constitutionally grounded process carried out to maintain the accuracy of electoral rolls. It said the SIR was authorised under Article 324 of the Constitution and Sections 15, 21 and 23 of the Representation of the People Act, 1950, which permitted special revisions of electoral rolls whenever required.

EC defends SIR in Tamil Nadu also

The Election Commission also strongly defended in the Supreme Court its ongoing Special Intensive Revision (SIR) of electoral rolls in Tamil Nadu.A Bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi on November 11 had sought separate responses from the poll panel on the pleas filed by the DMK, CPM, the West Bengal unit of the Congress and Trinamool Congress (TMC) leaders, challenging the SIR exercise in Tamil Nadu and West Bengal, respectively.

Nationwide revisions of electoral rolls took place repeatedly since the 1950s, including those in 1962-66, 1983-87, 1992, 1993, 2002 and 2004, the EC told the top court.

Rejecting Sen’s allegation that the SIR was arbitrary, unconstitutional and risked invalid deletion of genuine electors, the poll panel denied her allegations “in totality”, except where specifically admitted.

Regarding Booth Level Officers (BLOs), the EC said they were required to visit each household, deliver forms and collect them after repeated attempts if doors are found locked. Under the October 27 Phase-II SIR order, BLOs are prohibited from collecting documents from voters during enumeration. Electors who are temporarily away from home may have their forms submitted by family members or may file them online through the ECI portal or mobile app.

Meanwhile, an NGO on Monday moved the Supreme Court raising concerns that Hindu, Buddhist and Christian migrants eligible to be deemed as being Indian citizens under the Citizenship (Amendment) Act, 2019 (CAA) who faced the risk of non-inclusion in the voters' list in the ongoing SIR of electoral rolls in West Bengal.

A Bench led by CJI Surya Kant agreed to hear the matter along with connected cases on December 9.