SC limits micro-observers' role in Bengal SIR, extends scrutiny deadline

The Supreme Court clarified that micro-observers have no adjudicatory role in West Bengal's voter roll revision, allowed their replacement with Group B officers and extended scrutiny timelines

The Supreme Court on Monday underlined that the micro-observers deployed during the Special Intensive Revision (SIR) process of the electoral rolls in West Bengal have no adjudicatory role, clarifying that only Electoral Registration Officers (EROs) are empowered to pass final orders on claims and objections. The top court also allowed the Election Commission of India (ECI) to replace micro-observers with suitable Group B officers deputed by the state.

 

A Bench led by Chief Justice of India Surya Kant, along with Justice Joymalya Bagchi and Justice N V Anjaria, directed the West Bengal government to place 8,550 Group B officers at the disposal of the ECI for SIR duties. The ECI was given discretion to assess their suitability, replace existing micro-observers where necessary, and impart brief training.

 

The court also extended the timeline for scrutiny of documents and objections by at least one week beyond February 14, the scheduled date for publication of the final electoral roll.

 

Taking serious note of allegations of intimidation and violence against SIR officials, the Bench directed the Director General of Police of West Bengal to file a personal affidavit responding to the ECI’s claim that no FIRs were registered despite repeated complaints.

 

The court recalled that its January 19 order had specifically required the state police to ensure maintenance of law and order during the revision exercise.

 

To streamline the process, the court directed that all identified Group B officers report to the respective district collectors or EROs by 5 pm the next day.

 

While micro-observers may continue to assist, the Bench clarified that they cannot override or substitute the statutory authority of EROs. It also held that EROs are duty-bound to examine objections on merits even if objectors do not appear for personal hearings, and allowed the ECI to replace officers found deficient in performance.

 

During the hearing, senior advocate Abhishek Manu Singhvi, appearing for the state of West Bengal, informed the court that the list of Group B officers had been prepared in compliance with its earlier directions and that these officers were capable of discharging SIR functions.

 

Opposing this, senior advocate Dama Seshadri Naidu, appearing for the ECI, submitted that many of the officers lacked experience in passing quasi-judicial orders, which is central to deciding claims and objections under the SIR framework. He also raised concerns about the feasibility of training officers within the limited timeframe, though he ultimately agreed that they could report for duty, leaving the assessment of suitability to the ECI.

 

Appearing for West Bengal Chief Minister Mamata Banerjee, senior advocate Shyam Divan argued that micro-observers appointed from other states and central public sector undertakings had been given an “extra-legal” role. The ECI countered that this was a non-issue, reiterating that final orders are passed only by EROs.

 

Senior advocate Kalyan Banerjee, appearing for certain petitioners, raised concerns over anonymous “bundled” objections and sought safeguards to ensure accountability of objectors. Senior advocate V Giri appeared for Sanatani Sangsad, alleging non-cooperation by the state and incidents of violence against election officials.

 

For the Union government, Solicitor General of India Tushar Mehta urged the court to take cognisance of what he described as disturbing allegations in the ECI’s affidavit, including claims that persons holding high office were instigating hostility against election officials. These allegations were denied on behalf of the state by senior advocate Menaka Guruswamy.

 

The batch of petitions before the court includes challenges by Trinamool Congress leaders, civil society groups, and the Chief Minister herself to various aspects of the ECI’s SIR exercise, including the categorisation of voters under a “logical discrepancy” label, in the run-up to the West Bengal Assembly elections.