Supreme Court: While considering this petition highlighting the concerns regarding completion of the ongoing Special Intensive Revision (SIR) in the State of West Bengal, the 3-Judge Bench of Surya Kant, CJI., and Joymalya Bagchi and Vipul M. Pancholi, JJ., issued several clarifications and directions regarding the SIR process. The Court importantly stated that the Chief Justice of Calcutta High Court may consider requisitioning Judges from the neighbouring States of Jharkhand and Odisha to take part in the SIR process.
Additionally, the Court further permitted Civil Judges (Senior and Junior Division) in West Bengal with service experience of not less than 3 years, to participate in the process.
The Court in its previous order dated 20 February 2026, had requested the Chief Justice of Calcutta High Court to spare some serving judicial officers, along with some former judicial officers of impeccable integrity in the rank of District Judges/Additional District Judges, who can then, in each district, be requested to revisit and dispose of the pending claims under the category of “logical discrepancy/unmapped category”.
The Court in its 20th February order had noted that the SIR process is struck at the stage of adjudication of claims and objections of the persons who have been included in the “logical discrepancy/unmapped category”. Most of the persons to whom notices under this category were issued have submitted their documents in support of their claims for inclusion in the voter list. “These claims are required to be adjudicated, in a way, through a quasi-judicial process by the EROs. In terms of the rules, practice and convention, the State Government is obligated to provide Group A officers to perform the duties of the EROs, who are in the substantive rank of SDOs/SDMs”. The Court therein had directed that each such judicial officer/former judicial officer shall be assisted by micro-observers from the side of the ECI and by officers of the State Government who have already been deputed by the State to perform or assist in such duties.
Important Directions by the Court on 24 February 2026:
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Both online and physical copies of documents received by the Electoral Registration Officer (ERO) and Assistant Electoral Registration Officer (AERO) on or before 14 February 2026 must be considered by the designated Judicial Officers, irrespective of whether such documents were uploaded on the ECINet Portal.
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Certification of the documents by the ERO/AERO (certification as to whether documents were received before or after 14 February 2026) shall be determinative for the purposes of consideration by the Judicial Officers.
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The Court clarified that twelve documents specified in the notifications dated 27 October 2025 read with 24 June 2025 issued by the Election Commission of India shall be considered. Additionally, the Court stated that Aadhaar as proof of identity, consistent with the Court’s order in the Bihar SIR proceedings and Madhyamik Admit Cards, as recognised by the Court in its order dated 19 January 2026, shall also be treated as valid.
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On publication of Final and Supplementary Lists, the Court, invoking its powers under Art. 142 of the Constitution, directed that the Final List shall be published on 28 February 2026, to be followed by publication of Supplementary Lists. Furthermore, the Court directed that all Supplementary Lists shall be “deemed” to have been published on 28 February 2026.
[Mostari Banu v. Election Commission of India, Writ Petition(s)(Civil) No(s). 1089/2025, order dated 24-2-2026]
Advocates who appeared in this case:
For the State of West Bengal: Mr. Kapil Sibal, Mr. Shyam Divan, Mr. Kalyan Bandyopadhyay, Mr. Debanjan Mandal, Fox & Mandal and Ms. Mahima Cholera, Fox & Mandal
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