Kolkata, Oct. 23 -- The 19 appellate tribunals in Bengal, set up under Supreme Court directions and headed by former High Court judges to adjudicate millions of appeals against the inclusion and exclusion of voters, are in limbo, with the judges having stopped uploading their orders since September 21. The halt has cast uncertainty over the fate of thousands of appeals, while one of the 19 tribunals remains vacant.

The EC informed the Supreme Court in September that 38.20 lakh appeals were filed, of which only 1.02 lakh were disposed of, leaving more than 37.18 lakh pending. The appeals include challenges by voters whose names were deleted and also for inclusion.

A retired HC judge who is also a tribunal judge said: "The latest portal-related dispute raised concerns over the transparency in the process of exclusion and inclusion of voters. The EC said that we need to provide the details of our Aadhaar number to get an OTP on our mobiles for uploading the order. We want that the citizens must know clearly the reason for their exclusion if they are excluded. But why should we reveal our

Aadhaar details for uploading orders. Under the DPDP (Digital Personal Data Protection) Act,2023 - the EC has to ensure that our data is not misused by any means."

The former HC judge said the DPDP Act clearly says that it is the responsibility of organisations handling data and defines enforceable rights for individuals. "In a recent meeting with EC officials, we pointed out that we are not supposed to give our Aadhaar details - as financial frauds are happening with it," the judge said.

Another tribunal judge said that the EC must maintain a transparent system and make clear to the voters why they are excluded.

"So they can move to the higher forum. But in reality, it is written either included or excluded, so it is hiding facts. We want the entire order to be uploaded," the judge said.

He too said that the EC asked for the Aadhaar and mobile number of the retired judges, which is unethical. "We are in the tribunal following a SC order, but there is no directive from SC or HC to disclose our personal details."

The judges had complained about deficiencies in the EC's portal -- with no scope to issue notices to parties, upload additional documents, conduct virtual hearings and provide appellants with copies of orders.

However, an EC official said: "The EC and the judicial officials would hold a meeting soon to resolve the issue."

Published by HT Digital Content Services with permission from Millennium Post.