The Supreme Court on Thursday said that persons whose appeals are allowed by the Appellate Tribunal will be eligible to vote in the upcoming West Bengal Assembly polls, days after hearing the SIR case.
In an order uploaded three days after the hearing, the court invoked its powers under Article 142 to ensure that eligible voters are not excluded from the electoral process.
The court observed that, keeping in mind the multi-tiered safeguards in place, any conclusive direction for inclusion or exclusion issued by the Appellate Tribunal must be implemented before polling.
The Chief Justice of the Calcutta High Court has set up as many as 19 tribunals, headed by former High Court chief justices and judges, to decide appeals against the deletion of names from voter lists.
The court clarified that if an appeal is allowed and a final direction for inclusion is issued, such voters must be permitted to participate in the elections scheduled for April 23 or April 29, as the case may be.
The ruling effectively means that individuals whose appeals are upheld by the tribunals will be able to cast their votes in the Assembly polls.
Polling in West Bengal is scheduled to take place in phases on April 23 and April 29.
Earlier in the day, the top court also dismissed a petition challenging the Election Commission of India’s (ECI) orders directing the transfer of senior bureaucrats and police officers in the state.
A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi said such actions are routine and not unprecedented.
“It happens everywhere. This is not the first time,” the Chief Justice said.
The court, however, noted that the petitioner’s concern over the lack of consultation by the ECI with the West Bengal government was valid.
