SC Says Mamata, Others Can File Fresh Pleas On Their Claim That Victory Margins Are L
SC Says Mamata, Others Can File Fresh Pleas On Their Claim That Victory Margins Are Less Than Deleted Votes
M.U.H
11/05/202621
New Delhi: The Supreme Court on Monday said former West Bengal Chief Minister Mamata Banerjee and others can file fresh applications regarding their claim that the victory margins were less than the deletion of votes during the Special Intensive Revision (SIR) of electoral rolls in various Assembly constituencies. Appearing before a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, senior advocate and TMC MP Kalyan Banerjee contended that in 31 seats in West Bengal, victory margins were less than the number of votes deleted.
He added that in many cases, the deletions and the loss margin were almost the same. The Election Commission of India (ECI) opposed the submissions by the TMC MP. Senior Advocate Dama Seshadri Naidu, appearing for the ECI, contended that the remedy was an election petition.
Banerjee contended that one candidate lost by 862 votes in a constituency where over 5,432 persons were removed from the rolls for adjudication. The bench said that an interlocutory application (IA) shall be filed with the requisite details.
"Whatever you want to say about results...which may have materially affected because of deletions which are under adjudication...that requires an independent IA”, said the bench. The bench was informed that ex-High Court Chief Justice T S Sivagnanam has resigned as a member of the appellate tribunal.
"What can we do? We can't compel anyone..." observed the bench, adding that the priority will be to ensure that appeals are decided in an expeditious manner. Senior Advocate Menaka Guruswamy submitted that at the present rate, the appellate tribunals will take at least four years to dispose of the appeals.
The TMC MP urged the bench to pass an order stating that SIR deletions can be a ground to file an election petition. The bench said, "How can we pass such an order?"
The bench observed that it will examine the matter if a proper application is filed. After hearing submissions, the bench adjourned the matter.
In the recently concluded Assembly elections in the state, the BJP secured 207 seats in the 294-member Assembly, while TMC won 80 seats. The state registered a record voter turnout of above 90 per cent in the polls. The bench was hearing a batch of petitions, including the one filed by Mamata Banerjee, related to the SIR of electoral rolls in the state.
Meanwhile, in another case, the apex court asked the National Investigation Agency (NIA) to complete its probe into the April 1 violence in West Bengal's Malda district—in which a mob confined seven judicial officers for nine hours—within two months.
The bench said the NIA should file its report before the court of competent jurisdiction after completing the investigation. "What is the position of the investigation? Is it complete?" asked the bench. NIA’s counsel said he would file a detailed status report.
"We are, however, of the view that let the NIA complete the investigation at the earliest, preferably within a period of two months...," the bench said. Last month, the bench permitted the NIA to file its chargesheet upon completion of the investigation in the case.
The apex court had taken suo motu cognisance of a letter from the Chief Justice of the Calcutta High Court detailing the harrowing events of the night of April 1, when seven judicial officers, including three women, and a five-year-old child were held captive by a mob for over nine hours without food or water.
