The Supreme Court on Thursday directed Motab Shaikh, an aspiring Congress party candidate, to approach a newly constituted appellate tribunal in Kolkata to contest the removal of his name from the electoral roll. The decision comes after Shaikh challenged his inclusion in an “adjudication deletion list” following a Special Intensive Revision (SIR) exercise.
A three-judge bench, led by Chief Justice Surya Kant and including Justices Joymalya Bagchi and Vipul M Pancholi, emphasized that the petitioner should utilize the specialized alternative remedy now that the tribunals have become functional.
The Bench noted that the appellate tribunals, which are headed by former High Court Chief Justices and judges, began operations on Thursday. This development follows the Court’s previous directions in the overarching SIR matter.
Chief Justice Surya Kant specifically informed the petitioner that he may approach the tribunal presided over by Justice T.S. Sivagnanam, the former Chief Justice of the Calcutta High Court.
Recognizing the urgency of the matter—given Shaikh’s intent to file nomination papers—the Supreme Court requested the presiding judge of the tribunal to consider and decide the appeal by the forenoon of April 6. This aligns with the next scheduled hearing of the main SIR case.
During the proceedings, Justice Joymalya Bagchi raised specific points regarding the petitioner’s identification. The Justice flagged that Shaikh is in possession of a valid passport and directed the Election Commission (EC) to examine this document as part of the verification process.
The Court also observed that the petitioner was already a “mapped voter” prior to the deletion. Justice Bagchi further instructed senior counsel for the Election Commission to ensure an “expeditious resolution” of the case.
Representing the Election Commission, Senior Advocate D.S. Naidu stated that the poll authority is prepared to assist in the prompt resolution of any “genuine grievance.” He confirmed that the petitioner is free to approach the tribunal and assured the Court of the commission’s cooperation in the fact-finding process.
Shaikh, a local Congress leader, had moved the apex court seeking the restoration of his name to the voters’ list to ensure his eligibility to contest the upcoming elections.
