The issue of SIR (Summary Revision) is currently a subject of intense discussion. Under this process, if any voter listed in the previous electoral roll has passed away, relocated to another constituency, or is found to be registered in more than one location, their names are being struck off the rolls.
The Chief Minister of West Bengal contends that, under the ambit of SIR, the valid votes of numerous individuals in the state have been erroneously deleted. In this regard, petitions have also been filed before the country’s apex court. The verdict delivered by the Supreme Court on this matter establishes that the Election Commission will not be granted unfettered powers to scrutinize electoral rolls.
Appeals regarding the cancellation of votes may be filed before the Supreme Court. Exercising its extraordinary powers under Article 142 of the Constitution, the Supreme Court has ruled that individuals excluded from the voter list—should they file an appeal with the Appellate Tribunal and have that appeal accepted at least two days prior to the date of polling—shall be entitled to cast their votes in the ongoing Assembly elections.
Relying on the authority vested in it by Article 142 of the Indian Constitution, the Supreme Court has directed the Election Commission that, in instances where the Appellate Tribunal accepts appeals filed by April 21 (for constituencies polling on April 23) or by April 27 (for constituencies polling on April 29), the voters previously removed from the list shall be reinstated with the right to vote.However, the Supreme Court simultaneously clarified that the right to vote accrues after the appeal has been accepted, and not merely upon the filing of an appeal. If an appeal remains pending, the right to vote shall not be granted.
Chief Justice Surya Kant and Justice Bagchi issued these directives during the hearing of the West Bengal SIR case. The apex court also dismissed another petition which had sought a directive mandating compulsory voting in West Bengal—specifically, that every voter be granted the right to cast their vote at the precise location where they were originally registered in the electoral roll. The Bench rejected this plea for mandatory voting. Mamata Banerjee has welcomed this latest verdict by the Supreme Court.
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