The Supreme Court on Tuesday directed the formation of an appellate tribunal composed of former High Court chief justices and judges to hear appeals against exclusions from voter lists in West Bengal following a special intensive revision exercise in the state, Live Law reported.

A person whose claim for inclusion in the electoral rolls has been rejected by a judicial officer can approach the appellate tribunal, Bar and Bench quoted court as saying.

A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi passed the order after concerns were raised about the lack of an independent appellate mechanism to deal with appeals against the rejection of their claims by judicial officers.

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The court recalled its February 24 order that said that orders passed by judicial officers would not be subjected to appeal before an executive or administrative forum, Live Law reported.

The bench directed that the Election Commission will bear the expenses for the functioning of the appellate body and for honorariums to the judicial officers involved in the exercise, Bar and Bench reported.

The bench was hearing a batch of petitions against the revision of electoral rolls in the state.

During the hearing, the court criticised the petitioners for raising questions about the competence of judicial officers who are adjudicating the claims, Live Law reported.

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The chief justice was quoted as saying: “Your application is premature and it shows as if you don’t have trust. How did you dare such applications are filed? No one should dare question the judicial officers.”

However, the bench allowed the setting up of the appellate body.

West Bengal is among the 12 states and Union Territories where the special intensive revision of electoral rolls is underway.

On February 28, the Election Commission published the final electoral roll for West Bengal, indicating the exclusion of more than 61 lakh voters.

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However, the process continues with about 60 lakh “doubtful and pending” cases remaining “under adjudication” based on their objections to their exclusions from the draft rolls published in December.

The names of those approved by judicial officers will be added to the rolls through a supplementary list.

On February 20, the Supreme Court ordered that judicial officers of the rank of district judge or additional district judge be appointed to help complete the special intensive revision of the electoral rolls in the state amid a tussle between the Trinamool Congress government and the Election Commission.

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Four days later, the court allowed judges from Odisha and Jharkhand to also be deployed to decide on the claims and objections raised during the process.


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