Supreme Court: While considering the matter concerning Special Intensive Revision (SIR) process in West Bengal the Division Bench of Surya Kant, CJI and Joymalya Bagchi, J., were hearing petitions and applications filed by individuals whose names have been deleted from the electoral roll and who have preferred appeals before the Appellate Tribunals. The Court in exercise of powers under Article 142 of the Constitution, directed the Election Commission of India (ECI) that wherever the Appellate Tribunals are able to decide the appeals by 21 April 2026 or 27 April 2026, as the case may be, such appellate orders shall be given effect to by issuing supplementary revised electoral roll, and all necessary consequences with respect to the right to vote shall follow.
The Court also clarified that mere pendency of appeals preferred by excluded persons before the Appellate Tribunals shall not entitle them to exercise their right to vote.
Elections in West Bengal will be conducted in 2 phases. Phase 1 election will be held on 23 April 2026 and Phase 2 election will be held on 29 April 20261.
Background
The present case is related to the SIR process initiated in the State of West Bengal, which has been challenged before the Supreme Court. In light of the allegations and counter-allegations levelled against officers of the State of West Bengal as well as those deputed by the ECI in relation to the conduct of the SIR process, the Court, in exercise of its powers under Article 142 of the Constitution and with the consent of the parties, entrusted the adjudication of objections and claims concerning inclusion into the voter list to Judicial Officers of the State of West Bengal. These officers were duly assisted by Judicial Officers from the States of Jharkhand and Odisha.
Relief Sought by the Parties
The present set of applications and petitions were filed by persons who filed appeals before the Appellate Tribunals regarding deletion of their names from the electoral rolls. The aggrieved persons sought the following reliefs:
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direction commanding the respondent authorities to restore the names of the petitioners to the electoral roll;
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direction to the respondent authorities to forthwith operationalise the Appellate Tribunal(s), as mandated by the Court in its order dated 10 March 2026 and subsequent orders, by establishing a proper online and offline mechanism for the filing of appeals along with all relevant documentary evidence;
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ad interim and interim order, pending final disposal of the present proceedings, directing the respondent authorities to restore the names of the petitioners to the electoral roll;
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order quashing the decision of the respondent authorities to place the names of the petitioners in the ‘Adjudication Deleted List’ as being arbitrary, illegal, and void;
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further orders or directions as the Court may deem fit and proper in the facts and circumstances of the case, in the interests of justice.
Court’s Assessment
Perusing the present applications and its previous order, the Court noted that all requisite training for the Members of the Appellate Tribunals has been completed and that, as on date, the Appellate Tribunals are fully functional.
The Court further noted that over 34 lakh appeals have already been filed, not only against alleged wrongful exclusion, but also, in a substantial number of cases, by objectors aggrieved by the inclusion of several persons in the revised electoral rolls. All such appeals are, therefore, required to be adjudicated by the Appellate Tribunals in accordance with the Standard Operating Procedure (SOP) formulated by the Committee, as well as the parameters indicated in the Court’s order dated 1 April 2026.
The Court further clarified that if an appeal is allowed by the Appellate Tribunal and a conclusive direction for inclusion or exclusion is issued, such directions shall be duly effectuated prior to the State of West Bengal proceeding to polling on 23 April 2026 or 29 April 2026, as the case may be.
Henceforth, issuing the direction to ECI regarding creation of supplementary revised electoral rolls and clarifying that mere pendency of appeals preferred by excluded persons shall not entitle them to exercise their right to vote, the Court emphasised that if such a scenario were to be permitted to subsist, the consequence would be that objectors may likewise seek denial of the right to vote to those individuals whose names appear in the revised electoral roll, but against whom such objectors have preferred appeals. “The resultant situation would effectively recreate the very state of affairs that existed prior to the entrustment of the verification exercise to the Judicial Officers. This, in our considered view, cannot be permitted, particularly when Judicial Officers from the State of West Bengal, duly assisted by Judicial Officers from the States of Jharkhand and Odisha, have completed what can only be described as a truly herculean task within a remarkably short span of time.”
[Mostari Banu v. Election Commission of India, Writ Petition(s)(Civil) No(s). 1089/2025, order dated 13-4-2026]
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