Supreme Court led by CJI Surya Kant clarifies uninterrupted continuation of SIR by Election Commission across states.
Case in NewsCourt backs uninterrupted SIR across states as Supreme Court refuses any halt to electoral roll revision. |
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Case Overview
Case Name: Motsari Banu vs. Election Commission Of India & Ors.
The Supreme Court of India examined a batch of writ petitions challenging the Special Intensive Revision (SIR) of electoral rolls with the lead challenge arising from West Bengal SIR. The Bench comprising CJI Surya Kant, Justice Joymala Bagchi & Justice NV Anjaria heard extensive submissions from multiple petitioners alleging procedural irregularities & obstruction of SIR operations. The Election Commission defended the exercise as a constitutionally mandated process to maintain the purity of electoral rolls across states including West Bengal, Bihar, Tamil Nadu, Kerala & Puducherry.
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Key Aspects
The petitions raised concerns touching upon administrative conduct, public order issues & the role of officials involved in SIR. The Court examined whether such grievances warranted interference with an ongoing constitutional exercise.
- Challenges to the manner & timing of SIR conducted by the Election Commission .
- Allegations of street-level violence & obstruction hampering SIR work .
- Dispute over the powers & functions of micro-observers .
- Demand for interim directions to restrain or pause SIR operations .
Legal Insights
The Court analysed the legal framework governing electoral roll revision & the scope of judicial interference . Emphasis was laid on constitutional autonomy & statutory safeguards .
- Article 324 of Constitution of India: Vests superintendence, direction & control of elections with the Election Commission.
- Representation of the People Act, 1950, Sections 21 & 22: Authorise revision & correction of electoral rolls.
- Registration of Electors Rules, 1960: Confer final decision-making power on Electoral Registration Officers (EROs) not micro-observers.
- Judicial review limited to ensuring legality, fairness & non-arbitrariness.
Court’s Verdict
The Supreme Court of India firmly held that it would not permit any impediment in the completion of SIR in any state. CJI Surya Kant clarified that while clarifications or directions may be issued when required, the SIR process cannot be stalled. The Court reiterated that micro-observers only assist officials & do not take final decisions directing all states to ensure uninterrupted cooperation with the Election Commission.
Source – Supreme Court of India
Read also – Constitution of India
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