The Trinamool Congress on Monday claimed that deletions during the Special Intensive Revision of electoral rolls have influenced the election outcome as in 31 constituencies, the BJP’s victory margin was lower than the number of voters deleted during the SIR process.
The TMC said this while submitting before a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi. Senior Advocate Kalyan Bandopadhyay is appearing for AITC leaders. He said that in some cases the margin and deletions were nearly identical.
Citing one instance, he said a candidate lost by 862 votes while over 5,400 voters had been removed from the rolls in that constituency. He further noted that the overall vote gap between AITC and BJP stood at nearly 32 lakh, while around 35 lakh appeals against deletions were pending before appellate tribunals, Live Law Reported.
What Court Said?
Referring to earlier observations by Justice Bagchi that such discrepancies could warrant judicial scrutiny, the bench directed the AITC to file an interlocutory application with detailed particulars. “Whatever you want to say about results… which may have been materially affected because of deletions under adjudication… that requires an independent IA,” the court said.
Bandhopadhyay also informed the bench that ex-HC Chief Justice TS Sivagnanam has resigned as a member of the appellate tribunal. "What can we do? We can't compel anyone..." CJI replied.
The bench also emphasised the need for speedy disposal of pending appeals, with Senior Advocate Menaka Guruswamy warning that the process could take up to four years at the current pace. The Election Commission, represented by Senior Advocate Dama Seshadri Naidu, argued that the appropriate remedy lay in filing election petitions.
When AITC sought a direction that SIR deletions could form the basis of an election petition, the CJI questioned the request, saying the court could not issue such a blanket ruling. The matter will be considered further upon filing of the appropriate application, the bench said.
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