SIR-related deletions affected poll results in 31 Bengal constituencies: TMC to SC

The Trinamool Congress (TMC) on Monday (May 11) claimed before the Supreme Court that in 31 constituencies in West Bengal, the BJP’s winning margin over the TMC has been less than the number of people deleted from the electoral roll during the Special Intensive Revision (SIR) adjudication. The TMC further stated that the deletions from the electoral roll due to the SIR have materially affected the electoral outcomes in the said Assembly constituencies.

Margin and voter deletions

Appearing for the TMC, senior advocate Kalyan Bandhopadhyay made the remarks d before a bench comprising Chief Justice of India Surya Kant and Justice Joymlaya Bagchi. He further stated that in the recently concluded West Bengal Assembly elections, the gap between the BJP and the TMC was nearly 32 lakhs, adding that nearly 35 lakh appeals were pending before the appellate tribunals.

Also Read: SIR didn't cost Mamata Bengal, women's anger did, says Yashwant Deshmukh | AI With Sanket

During the hearing, Bandhopadhyay also referred to an earlier observation by Justice Bagchi, who stated that if the winning margin was less than the number of deleted voters, the matter might require judicial examination.

Bench flags legal route

"Whatever you want to say about results...which may have materially affected because of deletions which are under adjudication...that requires an independent IA (Interlocutory Application)," Justice Bagchi said as quoted by Live Law.

Also Read: Bengal polls: Ex-Calcutta HC Chief Justice Sivagnanam quits SIR Appellate Tribunal

When Bandhopadhyay informed the bench that former High Court Chief Justice TS Sivagnanam has resigned as a member of the appellate tribunal, the CJI said, "What can we do? We can't compel anyone...."

Elaborating further, the CJI stated that the priority would be to ensure that appeals are decided expeditiously.

Appeals backlog raised

At this juncture, senior advocate Menaka Guruswamy told the bench that at the current rate, it would take the tribunals four years to dispose of the appeals.

Also Read: SC unhappy over daily Bengal SIR cases, says it will seek report from HC at once

When senior advocate Dama Seshadri Naidu, appearing for the Election Commission, stated that in such a situation, the proper remedy would be to file an election petition, the CJI responded, asking, “Is this a ground in an election petition? Pass an order that this will also be a ground in the election petition. How can we pass such an order?"

Matter adjourned

"We indicated to you...subsequent event - you are at liberty to file IA. Mr. Naidu's objection will come as a counter. We will look into it and pass order. On pendency of appeals - report from Hon'ble CJ required...to take stock in what timeline they can be resolved," said Justice Bagchi. The matter was then adjourned.