Mamata argues in SC, alleges targeting of West Bengal in SIR exercise
New Delhi (PTI): In a rare move by a serving chief minister, Mamata Banerjee on Wednesday argued her petition in the Supreme Court against the special intensive revision of electoral rolls and alleged unfair targetting of West Bengal by the poll panel and bulldozing of its citizens.
Urging the top court to "save democracy" and intervene to ensure fair special intensive revision (SIR) of electoral rolls by the Election Commission keeping in mind the fact that people alive have been declared dead by the poll panel.
She once referred to the poll panel as the "WhatsApp commission", in an apparent reference to the directions being allegedly passed by the EC to the electoral officials on WhatsApp.
Banerjee, who was represented by senior advocates Kapil Sibal and Shyam Divan, sought the nod of a bench headed by Chief Justice Surya Kant to personally advance her submissions.
She said her state was not getting justice anywhere and despite having written six letters to the poll panel on SIR, she has not received any reply.
"Their SIR process is only for deletion, not for inclusion," she told the bench, also comprising justices Joymalya Bagchi and Vipul M Pancholi.
Asking why the same yardstick was not applied in Assam, Banerjee said, "West Bengal is being targeted."
"They are targeting West Bengal to bulldoze its people," said the chief minister, who was permitted by the bench to supplement submissions of her lawyer.
At the outset, Divan started his submissions and later, Mamata was seen standing besides him.
She then requested the bench to permit her to address the court.
"If you can allow me five minutes only," she asked.
The CJI responded by saying the court would give her not five but 15 minutes to advance her submissions.
She flagged difficulties being faced by the citizens due to the SIR exercise and said people were happy that the apex court gave a direction to include Aadhaar as one of the documents in the process.
Banerjee alleged that despite the apex court's direction, the poll panel was not allowing Aadhaar and seeking other documents from the voters for electoral roll revision.
"In other states, documents like domicile certificate, family register card etc. are allowed... they are only targetting Bengal on the eve of elections. What was the hurry," she asked.
She said the process, which usually takes two years, was being undertaken in a short span of three months even during festival and harvesting season in the state.
Banerjee also claimed that many people who are alive have been declared dead by the EC during the ongoing process.
She then flagged the issue of deaths of officials who are involved in the SIR exercise.
Senior advocate Rakesh Dwivedi, appearing for the EC, countered the charges and alleged that the West Bengal government has provided the services of only 80 grade-two officers like SDMs for overseeing SIR process.
He said only low-ranked government employees like Anganwadi workers have been provided by the West Bengal government for the process.
Banerjee countered the EC's claim and said the state has provided whatever sought by the poll panel.
At the outset of her submissions, Banerjee quoted Rabindranath Tagore and said, "The problem is our lawyers always fought our case from the beginning but when everything is finished, we are not getting justice. When justice is behind doors. We are not getting justice anywhere."
"I am a bonded labourer sir... I am from a common family and I am not fighting for my party," she said.
When the counsel appearing for the EC interrupted, Banerjee, with folded hands, said. "Please allow me to speak sir!"
She flagged that married women were being put to notice for shifting to their in-laws house or using their husband's surname.
Banerjee claimed the poll panel has not complied with the top court's directions on logical discrepancy list.
When the EC's counsel objected to her submissions, CJI Kant interrupted saying, "Madam has come all the way to speak."
During the hearing, the bench observed that "genuine persons must remain on the electoral roll".
The CJI said every problem has a solution and it must be ensured that no innocent person is left out.
Concluding her submissions, Banerjee conveyed her regards to the bench for giving her the opportunity to argue and urged it to "save democracy".
The bench issued notices and sought replies by February 9 from the Election Commission and the Chief Electoral Officer of West Bengal on her petition.
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Oppn to take joint call on impeachment motion against CEC, says Congress; Akhilesh voices support
New Delhi (PTI): The entire Opposition will take a collective call on moving an impeachment motion against Chief Election Commissioner Gyanesh Kumar, Congress leader K C Venugopal said on Wednesday, a day after West Bengal Chief Minister Mamata Banerjee called for such a move.
Samajwadi Party chief Akhilesh Yadav also extended support to Banerjee in her fight against the Special Intensive Revision (SIR) of electoral rolls in West Bengal.
Leader of Opposition Rahul Gandhi, however, refused to comment on the matter.
Talking to mediapersons in the Parliament House complex, Venugopal said they are “positively” looking at the suggestion.
Banerjee, who was in the national capital as part of her campaign against the SIR exercise in West Bengal, on Tuesday called for the impeachment of the chief election commissioner (CEC) and sought to rally support from the other opposition parties on the issue.
Banerjee also appeared in the Supreme Court on Wednesday and argued her petition against the SIR exercise, alleging unfair targeting of West Bengal by the poll panel and bulldozing of its citizens.
Asked about Banerjee's call to move an impeachment motion against CEC Kumar, Venugopal, the Congress general secretary in charge of communications, said, “The Trinamool Congress has already contacted the Congress... I think the entire Opposition will take a call on the matter, which is one of the most relevant issues raised by the Trinamool. We are positively looking at it.”
Akhilesh Yadav, whose Samajwadi Party is the second largest party in the Lok Sabha with 37 MPs, came out in support of the Trinamool supremo, and said, “Mamata Banerjee has donned a black coat against the black deeds of the BJP.”
“People must come forward. Losing your vote is losing your right. Everything will be lost one by one... Your citizenship would be questioned. We are with honourable Mamata Banerjee,” he added.
Asked about Banerjee's remarks, Rahul Gandhi, however, said, “I am not commenting on that.”
In the meantime, Shiv Sena (UBT) MP Priyanka Chaturvedi stressed that transparency should be maintained by the Election Commission.
“The way the BJP is misusing the SIR and using the Election Commission to violate voters’ rights by deleting their names on a large scale is deeply concerning. Mamata Ji is fighting this battle because, in West Bengal, a large number of votes belonging to people who traditionally vote for her party have reportedly been removed,” she said.
“She has taken this matter to the Supreme Court, and I welcome the step. On the impeachment motion she is talking about, if the Election Commission, an institution expected to uphold institutional morality, sets that aside and follows someone’s agenda, it is completely wrong,” Chaturvedi said.
“I hope that the Supreme Court, which is a constitutional provision and part of the legal process available to political parties, takes cognisance of this matter so that the credibility of the Election Commission does not collapse. The transparency of the poll panel must be maintained, and voters’ rights must be protected. I believe she will achieve victory in this fight,” she added.
The Trinamool supremo’s remarks came a day after she, along with her delegation, walked out of a meeting with CEC Kumar and other election commissioners on the issue of SIR, alleging that the poll panel chief showed arrogance and humiliated them.
Flanked by people from her state allegedly affected by the SIR exercise, Banerjee claimed at a presser that the electors whose names were being deleted were Trinamool supporters.
The process for impeaching the CEC is similar to that for a Supreme Court judge. The removal can take place only on the grounds of proven misbehaviour or incapacity.
A motion for removal may be introduced in either House of Parliament and must be passed by a special majority – a majority of the total membership of the House and a two-thirds majority of the members present and voting.
