A three-member bench led by Chief Justice Surya Kant, which had previously said that these appellate tribunals should not accept new documents not submitted before the adjudicating officer, modified its order on Wednesday.
Appellate Tribunals “will not entertain fresh documents without verifying the genuineness of such documents”, said the Bench.
The Bench was informed by the Election Commission of India that 19 appellate tribunals, headed by former chief justices and judges of high courts, have been notified, and that Dr Shyama Prasad Mukherjee National Institution of Water and Sanitation in Kolkata has been chosen as the venue for the sitting of the tribunals.
In related development, the Trinamool Congress argued that it was aggrieved by the bulk submission of Form 6 applications by BJP workers. This was after the counsel for the West Bengal government argued that in one instance, a person had submitted 30,000 Form 6 applications.
Form 6 is used to apply for inclusion in the electoral roll for the first time, or for changing the constituency following shifting of residence.
In response, CJI Kant said, “Happens every time, not the first time. You can raise objections.” The Bench added that it is “not closing the case at all. We will see when the time comes”.The Bench was also informed that nearly 4.7 million out of 6 million claims have been disposed of by judicial officers who have been entrusted with the task of adjudicating the claims.
The Chief Justice of the Calcutta High Court informed that the judicial officers who are deciding nearly 200,000 objections daily, will clear the pending claims by April 7.
The Bench also noted that the Chief Justice of Calcutta High Court has identified former chief justices for the constitution of appellate tribunals to decide appeals.
The Bench also recorded the assurance of the counsel for Election Commission of India that appellate tribunals will have access to the reasons recorded for exclusion or inclusion of names in the electoral list.
In February, the Bench had ordered the deployment of judicial officers from West Bengal and neighbouring states to adjudicate the claims and objections, in view of the dispute between the ECI and the state government regarding the deputation of government officials for such purposes. Later, the Bench had directed the constitution of appellate tribunals comprising former high court judges.
