The Supreme Court has instructed the formation of Appellate Tribunals, comprising former High Court Chief Justices and judges, to handle appeals against exclusions from the electoral rolls in West Bengal. Decisions made by judicial officers during the Special Intensive Revision (SIR) process cannot be contested before any executive or administrative authority, clarified a Bench led by Chief Justice of India (CJI) Surya Kant. The Chief Justice of the Calcutta High Court has been empowered to recommend the constitution of an appellate mechanism with a former Chief Justice and two or three former or sitting High Court judges for this purpose.
The Election Commission of India (ECI) will cover all expenses for the functioning of the appellate body, including the honorarium for former judges and judicial officers involved in the SIR exercise. The CJI Kant-led Bench has left the decision on the number of judges in the appellate bench to the Chief Justice of the High Court. This directive follows concerns raised about the lack of an independent appellate mechanism for individuals whose voter list inclusion claims were rejected by judicial officers.
Senior advocate Gopal Sankaranarayanan, representing the petitioners, highlighted that around 4 lakh claims out of approximately 10 lakh cases decided had been dismissed, cautioning that filing all such appeals with the Calcutta High Court could overwhelm it. In response, the CJI Kant-led Bench suggested the establishment of a specialized appellate forum comprising former judges to offer an effective remedy without overburdening the High Court.
The Chief Justice of the Calcutta High Court communicated to the apex court that over 10.16 lakh objections had been resolved by the deployed judicial officers as of March 9. More than 500 judicial officers from West Bengal, along with about 200 officers from Odisha and Jharkhand, are engaged in the SIR exercise, working continuously even on weekends and holidays. The court acknowledged the dedication of the officers and noted efforts to address logistical and technical challenges faced during the process.
