The Supreme Court on Monday refused to entertain a petition challenging the “logical discrepancy” category used in the Special Intensive Revision (SIR) of electoral rolls in West Bengal, holding that the grievance did not warrant invocation of its jurisdiction under Article 32 of the Constitution.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi questioned the maintainability of the plea and asked the petitioner to approach the Election Commission of India (ECI) for appropriate relief.
During the hearing, the bench expressed disapproval of the petitioner’s decision to directly move the apex court.
“You want us to decide who is your father, your mother and your brother under an Article 32 petition? Go to the Election Commission,” the court remarked.
The bench declined to examine the challenge on merits and disposed of the matter, indicating that the statutory mechanism before the poll panel was the appropriate forum.
The petition was filed by Md. Zimfarhad Nowaj, who sought a declaration that the “logical discrepancy” criterion applied during the Special Intensive Revision of electoral rolls in West Bengal was unconstitutional.
He contended that the category was ultra vires Articles 14 and 324 of the Constitution and also challenged a notice issued to him by the Election Commission pursuant to the said criterion.
The Supreme Court did not adjudicate upon the constitutional validity of the impugned category and left it open to the petitioner to pursue remedies before the Election Commission in accordance with law.
The petition was accordingly disposed of without granting any substantive relief.
