By Shabana Javed
Kolkata: A legal complication has emerged ahead of the elections, as Congress candidate Mahtab Sheikh, contesting from Farakka in Murshidabad, has found his name missing from the final voter list prepared under the SIR. The issue has raised serious concerns about his eligibility to participate in the elections.
Seeking urgent relief, Sheikh approached the Calcutta High Court, arguing that despite being officially nominated on a Congress ticket, his exclusion from the voter list has created uncertainty around his candidature. His lawyer, Firdous Shamim, informed the court that the situation could directly impact Sheikh’s ability to contest the elections, even though he has fulfilled all other requirements.
The lawyer further submitted that although a tribunal has been constituted following directives from the Supreme Court to address disputes related to the SIR process, the mechanism is not yet fully operational. Given the urgency of the matter and the proximity of elections, Sheikh requested immediate judicial intervention to ensure that his participation is not hindered due to procedural lapses.
However, the bench led by Chief Justice Sujoy Paul declined to entertain the plea. The Chief Justice observed that all matters concerning SIR are currently under the exclusive jurisdiction of the Supreme Court. He emphasised that, as per the apex court’s directive, High Courts are restricted from adjudicating such disputes at this stage.
Clarifying the court’s position, Chief Justice Paul noted that the High Court’s role is presently limited to overseeing administrative aspects of the SIR process in compliance with the Supreme Court’s orders. As a result, the bench advised the petitioner to directly approach the SC for appropriate relief.
Mahtab Sheikh said he would move the Supreme Court of India to seek justice. He confirmed that an appeal is scheduled to be filed on April 1, hoping for an expedited hearing given the time-sensitive nature of the matter.
