Kolkata, Oct. 27 -- The Election Commission of India (ECI) has reportedly told the Supreme Court that officers of the West Bengal Chief Electoral Officer's (CEO) office filed around 16.10 lakh appeals challenging voter inclusions during the Special Intensive Revision (SIR), claiming they were authorised under electoral laws and the court's orders.
In a counter-affidavit filed on October 26, the ECI cited the Supreme Court's April 1 and April 6 orders in Mostari Banu v. Election Commission of India, which recognised the right of ECI authorities to challenge voter inclusions before appellate tribunals. The affidavit, filed by Deputy Election Commissioner Bhanu Prakash Yeturu, stated that the CEO, District Election Officer, Electoral Registration Officer and Assistant Electoral Registration Officer were authorities responsible for electoral rolls under the Representation of the People Act, 1950. The appeals were filed by officers of the CEO's office in their official capacity, it said, adding that the matters had not been brought before the Commission.
The clarification comes amid a petition challenging 14 alleged unilateral decisions concerning the SIR. The petitioner has sought records authorising the appeals, citing an August 12 noting attributed to Election Commissioner Sukhbir Singh Sandhu questioning who had approved them. The ECI maintained that SIR-related decisions were taken under Article 324 of the Constitution and Section 18 of the 2023 Act governing election commissioners' service conditions. It argued that individual commissioners' observations or queries during deliberations did not, by themselves, constitute decisions of the Commission.
Published by HT Digital Content Services with permission from Millennium Post.