BJP won, democracy lost
Crooked manner of SIR has cast a long shadow on Bengal elections
Alok Tiwari
Despite the stunning rise of film star
Vijay’s TVK party in Tamil Nadu and Congress’s return to power in Kerala, the
just concluded round of state elections were mostly about West Bengal. This was
the election with highest stakes and where BJP applied its full might to remove
the three-term incumbent Mamata Banerjee. In the end it crushed Mamata’s TMC,
winning over 200 of the 294 seats and confining TMC to two digits. The Left and
the Congress remained on the sidelines. What made the Bengal polls different was
the long and bitter fight not just over promises, policies, and performance but
also on the process.
TMC challenged the Special Intensive
Revision (SIR) of electoral rolls launched by the Election Commission months
before the elections at every step. Mamata herself appeared before the Supreme
Court. Nothing new in this. There were many challenges to SIR from several
states in its new avatar that seems designed to allow EC to exclude voters at
will. Right from questioning eligibility of voters at whim to insistence on
specific documents, the whole exercise is meant to bring in an unacceptable
level of arbitrariness in the process. Allowing arbitrariness and discretion in
a process so important as voting rights of citizens strikes at the roots of
democratic process.
Opposition parties took time in
understanding the scale and impact of the exercise. By the time it was Bengal’s
turn, things were becoming apparent. This combined with the brazenly partisan
behaviour of EC under Gyanesh Kumar helped crystallize the idea. There was
bewilderment at unexpected results that all seems to go in favour of the ruling
party at the centre, right from Maharashtra to Delhi to Madhya Pradesh. Yet,
there was nothing that could conclusively challenge the legitimacy of the
process. That changed in Bengal.
The figures are now well known. The SIR
resulted in deletion of over 90 lakh voters. In as many as 147 constituencies
the deletions were more than 25,000, in some cases going as high as 70,000 or
more. Those are astounding figures by themselves. But it can happen over two
decades as people die or move out to different places. Some 60 lakh deletions
were in this category. The other 30 lakh were through what the EC termed
logical discrepancy.
This included flimsiest of grounds like
minor difference in spelling of name, too large or too small age difference
between parent and child ages. Nobody knows what else. Because EC itself
admitted this was done via software that was not tested. It was not shared with
parties or candidates, its source code remains secret, nobody knows who the
people were who developed it. Some 27 lakh of over 30 lakh such voters
challenged their deletion. That itself gives lie to EC and BJP claim that
deletions were of non-citizens. A real foreigner will hardly have the courage
to challenge decision of a statutory authority. It means all of them have
evidence, right or wrong, of proving their citizenship. What is utterly
troubling is that biggest chunk of such voters belongs to Muslim community, a
demographic that BJP has consciously worked to alienate.
Not just EC but even Supreme Court denied
them the right to vote, referring them to 19 tribunals set up for the purpose.
Where it gets interesting is that the tribunals ruled in favour of the citizens
in almost every case that they decided. Only 1600 got their vote restored in
this manner but it was 98.5% of all cases decided, indicating most of EC’s
deletions are wrongful. An SC with slightest commitment to democracy would have
stepped in and allowed all 27 lakh to vote, but it did not.
The other thing to look at is the number of
constituencies where the winning margin of candidates is less than the number
of deletions. These are the ones where wrongful deletions have potentially
impacted the outcome. There are 48 such constituencies, 26 of them won by BJP, 21
by the TMC. Of course, it cannot be assumed that the outcome would be different
if deleted voters had been allowed to vote just as it cannot be assumed the
outcome would remain the same. This is one logical discrepancy that neither EC
nor BJP is talking about.
Yet, it is enough to put the entire elections
under cloud. The election would be illegitimate if a single voter had been intentionally
and systemically denied his or her constitutional right to vote. It would be
illegitimate if result of a single constituency had the potential to change
over such disenfranchisement. Here it has happened in case of millions of
voters and in dozens of constituencies. It is all documented. If this does not
make elections illegitimate, what will?
This has nothing to do with performance of
Mamata. Her governance was far from ideal. Citizens of Bengal deserve much
better. Maybe it was time for her to go. A churn is anyway good for democracy. Maybe
BJP would have won the elections on anti-incumbency alone, even without the
machinations of SIR. It has the resources, organization, and narrative to do
so. But as things stand, it is hard to conclude that it won Bengal fair and
square.
Given the apparently partisan role of EC,
the quiet acquiescence of SC, and wanton contempt of BJP for propriety or any
kind of institutional neutrality, it is the question for larger opposition
whether they can continue to compete for power in a conventional way. While
they may occasionally be thrown some crumbs so system looks legitimate, it is
hard to see a big change in dispensation. The Gandhian way of withdrawing from
the process altogether and agitating for a truly neutral EC and a transparent
electoral system is open for them. SC may also redeem itself a bit by mandating
greater transparency and neutrality in EC and electoral process.
This column appeared in Lokmat Times on May 7, 2026

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