Mothers Sir Deletion Stalls Sons Passport Calcutta High Court

The Calcutta High Court has asked the special intensive revision (SIR) appellate tribunal to decide within two weeks an appeal filed by a woman whose name was allegedly deleted from the voter list, after she told the court that the issue was preventing her son from obtaining a passport to pursue an MBBS course in Bangladesh.

Justice Krishna Rao, while disposing of the writ petition on August 20, requested the Special Intensive Revision appellate tribunal to dispose of her appeal “as early as possible”, preferably within two weeks of receiving the order.

“Considered the submission made by the learned counsel for the petitioner. Perused the materials on record, the appellate Tribunal is requested to dispose of the appeal filed by the petitioner as early as possible preferably within a period of two weeks from the date of receipt of this order,” the order read.

According to the petitioner, her son had been selected for admission to an MBBS course in Bangladesh. However, following the deletion of her name from the voter list, the authorities were allegedly not issuing a passport to her son, preventing him from travelling to Bangladesh for higher studies.

The counsel for the petitioner said that being aggrieved with the deletion of the name of the petitioner from the voter list, the petitioner has already filed an appeal before the appellate authority and thus prayed for a direction to the appellate tribunal for speedy disposal of the appeal so that the son of the petitioner may get the passport to go to Bangladesh to pursue his MBBS study.

After considering the submissions and the material on record, the High Court requested the appellate tribunal to decide the pending appeal within the stipulated period.

The Supreme Court had earlier upheld the constitutional validity of the Special Intensive Revision (SIR) of the electoral rolls done by the Election Commission of India, observing that the process neither stands in direct conflict with the Representation of the People Act, 1950 and the Rules made thereunder, nor does it detract from the constitutional imperative of free and fair elections. It held that SIR is intended to secure the constitutional mandate of free and fair elections by ensuring that the roll on which the election rests is accurate and reliable.

The top court had also clarified that the Election Commission’s authority to decline enrolment or to initiate action for deletion does not amount to a declaration that the individual is not an Indian citizen.

“Where the material furnished by an individual does not inspire confidence or give rise to doubt, the Commission is within its authority to decline enrolment or to initiate action for deletion, strictly in accordance with law. Such action, however, must be understood in its proper perspective. It does not amount to a declaration that the individual is not a citizen of India, it merely reflects the Commission’s inability to be satisfied, for electoral purposes, that the statutory conditions are met,” the court observed.

Ashish Shaji is a Senior Sub-Editor at The Indian Express (Digital), where he specialises in legal journalism. Combining a formal education in law with years of editorial experience, Ashish covers court developments and key cases for the audience. Expertise Ashish is a law graduate (BA LLB) from IME Law College, CCSU. His work at The Indian Express focuses on translating the often-dense proceedings of courts into clear, legal content. He also runs liveblogs from the Supreme Court and various High Courts. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More