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TMC says SIR deleted more votes than BJP's win margin on 31 seats in West Bengal, Supreme Court responds
The claim was made during a hearing in the Supreme Court before a bench comprising Chief Justice of India Surya Kant and Justice Joymlaya Bagchi.
Trinamool Congress (TMC) claimed on Monday that deletions in the Special Intensive Revision (SIR) of the electoral roll materially affected the results in certain assembly constituencies in West Bengal.
The claim was made during a hearing in the Supreme Court before a bench comprising Chief Justice of India Surya Kant and Justice Joymlaya Bagchi. TMC leader and senior advocate Kalyan Banerjee submitted that in 31 constituencies, the BJP's winning margin over the TMC was less than the number of persons deleted in the SIR adjudication process, LiveLaw reported.
In many cases, the deletions and the loss margin were almost the same, he added.
Banerjee submitted that one candidate lost by 862 votes in a constituency where over 5432 persons were removed from the rolls for adjudication. He claimed that the vote gap between the TMC and the BJP was nearly 32 lakhs, and nearly 35 lakh appeals were pending before the appellate tribunals.
The MP also referred to an earlier observation made by Justice Bagchi that if the winning margin was less than the number of deleted voters, then the matter may require judicial examination.
The Election Commission opposed the submissions, saying that the remedy was an election petition and that the poll panel could be held accountable for issues related to the SIR and consequential appeals against the addition or deletion of votes.
The Supreme Court responds
The Supreme Court bench said that former West Bengal chief minister Mamata Banerjee and others can file fresh applications regarding their claims.
"Whatever you want to say about results...which may have materially affected because of deletions which are under adjudication...that requires an independent Interlocutory Application (IA)," Justice Bagchi said.
Senior Advocate Menaka Guruswamy told the bench that at the present rate, the appellate tribunals will take at least 4 years to dispose of the appeals. The CJI said that the priority will be to ensure that appeals are decided expeditiously.
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"We indicated to you...subsequent event: you are at liberty to file an IA. Mr Naidu (the EC lawyer)'s objection will come as a counter. We will look into it and pass the order. On pendency of appeals - report from Hon'ble CJ required...to take stock in what timeline they can be resolved," Justice Bagchi added.
