- Supreme Court allows undertrial voters relief in SIR case.
- Tribunal clearance by deadlines ensures eligibility for voting.
- Supplementary voter lists will include eligible undertrial names.
In a significant order in the SIR case, the Supreme Court of India has provided relief to a section of undertrial voters, allowing them to participate in upcoming election phases subject to tribunal clearance within specified deadlines.
The top court directed that “those who are cleared by the tribunal till April 21 will be able to vote in the first phase of the election.” Voters whose cases are resolved and cleared by April 21 will be eligible to cast their ballots on April 23, which marks the first phase of polling.
For the second phase, the court said, “those who are cleared by the tribunal till April 27, they will be able to vote in the second phase, i.e. on April 29.” However, undertrials who do not receive clearance within these timelines will not be eligible to vote in this election.
Supplementary Voter Lists To Be Issued
The court also directed that the names of eligible voters cleared by the tribunal be included through supplementary voter lists. Those cleared by April 21 will be added to a supplementary list for the April 23 polling, while those cleared by April 27 will be included in a separate list for the April 29 phase.
The order addresses cases of lakhs of voters who had approached tribunals seeking inclusion in electoral rolls. The court clarified that individuals who are deemed eligible by the tribunal within the prescribed deadlines must be allowed to vote in the corresponding phase.
Section 142 Invoked Again
The Supreme Court has once again invoked its powers under Section 142, described in the proceedings as a “Brahmastra”, marking the third such intervention in the matter.
Clarity On Key Pre-Poll Question
The ruling settles a key question raised in earlier hearings, whether undertrial voters, once declared eligible by tribunals, would be able to vote in the ongoing election process. The court’s verdict makes it clear that eligibility is contingent on timely clearance before each phase.
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