SIBLAC urges strict legal scrutiny during electoral roll revision

<p class="MsoNoSpacing"><b>GANGTOK, :</b><span style="font-family:&quot;Bookman Old Style&quot;,serif"> The Sikkim Bhutia Lepcha Apex Committee (SIBLAC) has welcomed the Election Commission of India’s (ECI) ongoing Special Intensive Revision (SIR) of the electoral rolls in Sikkim, while calling for strict adherence to constitutional and legal provisions during the hearing process.<o:p></o:p></span></p><p class="MsoNoSpacing"><span style="font-family:&quot;Bookman Old Style&quot;,serif">In a press statement issued on Thursday, SIBLAC appreciated the ECI, the Chief Electoral Officer, Sikkim, the Election department, social organisations and citizens for their efforts in ensuring a transparent and legally sustainable revision of the electoral rolls.<o:p></o:p></span></p><p class="MsoNoSpacing"><span style="font-family:&quot;Bookman Old Style&quot;,serif">However, the organisation expressed concern that hearings under the SIR exercise should not become a “mere procedural formality” and urged authorities to examine every claim and objection strictly in accordance with the instructions on the Enumeration Form and applicable laws.<o:p></o:p></span></p><p class="MsoNoSpacing"><span style="font-family:&quot;Bookman Old Style&quot;,serif">Among its key submissions, SIBLAC emphasised that the Citizenship Act, 1955 became applicable to Sikkim only after the State’s merger with India on May 16, 1975. SIBLAC added that citizenship in the former Kingdom of Sikkim was governed by the Sikkim Subject Regulation, 1961, under which citizenship was determined primarily by descent rather than place of birth. SIBLAC convenor Tseten Tashi Bhutia said this legal framework deserves careful consideration while examining citizenship claims.<o:p></o:p></span></p><p class="MsoNoSpacing"><span style="font-family:&quot;Bookman Old Style&quot;,serif">SIBLAC also recommended that cases involving claims of Indian citizenship based solely on birth in Sikkim before May 16, 1975 be referred, where necessary, to the Ministry of Home Affairs for clarification.<o:p></o:p></span></p><p class="MsoNoSpacing"><span style="font-family:&quot;Bookman Old Style&quot;,serif">The committee further urged electoral authorities to rely only on legally admissible documents while deciding claims for inclusion in the electoral roll. It argued that documents such as Dhuri Khazana records and Residential Certificates, which do not record the holder's date and place of birth in India, should not be treated as conclusive proof of citizenship or electoral eligibility.<o:p></o:p></span></p><p class="MsoNoSpacing"><span style="font-family:&quot;Bookman Old Style&quot;,serif">Similarly, Bhutia stated that No Objection Certificates issued by elected representatives, panchayats and school heads cannot determine citizenship or electoral eligibility, as such authorities are not legally empowered to certify citizenship.<o:p></o:p></span></p><p class="MsoNoSpacing"><span style="font-family:&quot;Bookman Old Style&quot;,serif">The organisation also called for verification of the foundational documents used for issuing passports wherever necessary. Referring to a clarification by the Ministry of External Affairs that passports are primarily travel documents and citing a 2023 CBI investigation into the alleged issuance of passports to foreign nationals using forged documents in Gangtok, SIBLAC said passports alone should not be treated as conclusive proof of citizenship for electoral purposes.<o:p></o:p></span></p><p class="MsoNoSpacing"><span style="font-family:&quot;Bookman Old Style&quot;,serif">“SIBLAC respectfully submits that the objective of the Special Intensive Revision is not to exclude any genuine Indian citizen from the electoral roll, but equally to ensure that no person who is not legally entitled to be enrolled is included. The integrity of the electoral roll is fundamental to free and fair elections and to preserving public confidence in the democratic process.”<o:p></o:p></span></p><p class="MsoNoSpacing"><span style="font-family:&quot;Bookman Old Style&quot;,serif">The committee appealed to officials conducting SIR hearings to act impartially and decide every case solely on the basis of legally admissible evidence, without being influenced by administrative convenience, public pressure or social media campaigns.<o:p></o:p></span></p><p class="MsoNoSpacing"><span style="font-family:&quot;Bookman Old Style&quot;,serif">&nbsp;</span></p><p> </p><p class="MsoNoSpacing"><span style="font-family:&quot;Bookman Old Style&quot;,serif">&nbsp;<o:p></o:p></span></p>

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