TMC leader and advocate Kalyan Banerjee submitted that the SIR deletions in 31 constituencies were higher than the BJP’s victory margin.
West Bengal Chief Minister Mamata Banerjee. (PTI)
Mamata Banerjee’s Trinamool Congress (TMC) approached the Supreme Court on Monday over the West Bengal election results, claiming that voter deletions resulting from the Special Intensive Revision (SIR) affected the outcomes in certain constituencies.
The BJP secured a historic mandate in West Bengal, clinching victory in 207 seats and ending the 15-year reign of TMC, which was reduced to 80 seats. The TMC has alleged widespread electoral malpractice and vote tampering in the BJP’s favour.
During a hearing before a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi, TMC leader and advocate Kalyan Banerjee submitted that the SIR deletions in 31 constituencies were higher than the BJP’s victory margin. In many cases, the deletions and the margin were nearly identical, he said.
Kalyan Banerjee submitted that one candidate lost by 862 votes in a constituency where over 5,432 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 TMC 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.
Supreme Court Responds
The apex 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,” Justice Bagchi said.
CJI Kant said the priority will be to ensure that appeals are decided in an expeditious manner. 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.
However, the bench rejected Banerjee’s request to pass an order stating that SIR deletions could be a ground to file an election petition, but said it would examine the matter if a proper application is filed.
“We indicated to you…subsequent event – you are at liberty to file IA… We will look into it and pass order. On pendency of appeals – report from Hon’ble CJ required…to take stock in what timeline they can be resolved,” Justice Bagchi said.
Read More
