NEW DELHI, Jan 21: Observing that “no power can be untrammelled”, the Supreme Court today said the revision of electoral rolls can have serious civil consequences for individuals whose names are not included in the voters’ list.
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The observations were made by a bench comprising Chief Justice and Justice Joymalya Bagchi during the final hearing on a batch of petitions challenging the Election Commission’s decision to undertake a Special Intensive Revision (SIR) of electoral rolls in several States, including Bihar.
The bench heard extensive submissions from senior advocate Rakesh Dwivedi, appearing for the Election Commission, as it examined whether the SIR exercise could deviate from the procedures prescribed under the Representation of the People Act, 1950 and the rules framed thereunder.
Raising concerns, the CJI said the revision of electoral rolls can have serious civil consequences for individuals whose names are not included in the voters’ list.
“If something affects the civil rights of people, why should not the process followed be in accordance with sub-section (2)?,” the CJI asked, referring to Section 21 of the 1950 Act, which governs the preparation and revision of electoral rolls.
Section 21 of the Act deals with the power of the poll panel to prepare and revise the electoral rolls and its sub-section 2 says, “The said electoral roll shall, unless otherwise directed by the Election Commission for reasons to be recorded in writing, be revised in the prescribed manner by reference to the qualifying date before each general election to the House of the People or to the Legislative Assembly of a State; and before each bye-election to fill a casual vacancy in a seat allotted to the constituency;
“And shall be revised in any year in the prescribed manner by reference to the qualifying date if such revision has been directed by the Election Commission: Provided that if the electoral roll is not revised as aforesaid, the validity or continued operation of the said electoral roll shall not thereby be affected.”
Justice Bagchi also echoed the same concerns, questioning whether the EC could exercise an “untrammelled” power beyond judicial review.
Referring to the statutory scheme, he noted that one of the rules contemplates that when an intensive revision is carried out, electoral rolls are prepared afresh, and asked whether such safeguards could be bypassed altogether.
“No power can be untrammelled,” Justice Bagchi said. (PTI)
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