The Supreme Court has ruled that voters in West Bengal whose names were removed from the electoral rolls during the Special Intensive Revision (SIR) but subsequently reinstated by Appellate Tribunals by April 21 or April 27 will be eligible to cast their ballots in the state’s ongoing Assembly elections. The decision, issued by a Bench led by Chief Justice of India Surya Kant, aims to safeguard the voting rights of individuals affected by the revisions made under the category of "logical discrepancy."
The court’s directive requires the Election Commission to publish supplementary revised electoral rolls incorporating the names of those who successfully appealed their exclusion by the specified dates. This move ensures that these electors can participate in the first phase of polling scheduled for April 23 or the second phase set for April 29. The order was passed on April 13 and made public on April 16.
As of April 11, over 3.4 million appeals had been filed concerning the voter list revisions, though not all these were by individuals removed from the rolls. The court noted that many appeals were lodged by objectors contesting the inclusion of certain names. Under the Supreme Court’s order, the Appellate Tribunals must adjudicate all such disputes, with their decisions binding and to be implemented promptly ahead of the polls.
However, the court clarified that electors whose appeals remain pending past the cutoff dates would not be permitted to vote. The order emphasized that merely having an appeal in process does not grant the right to participate in the election.
The tribunals overseeing these appeals were constituted following a Supreme Court directive issued on March 10, also under the court’s constitutional authority granted by Article 142. The panels are headed by former Chief Justices and High Court judges from Calcutta and neighboring states, tasked with efficiently resolving disputes arising from the SIR process. This framework seeks to balance timely resolution with the protection of electoral rights in the lead-up to West Bengal’s highly contested Assembly polls.
The court highlighted the fundamental nature of the right to vote, describing it as both constitutional and deeply personal, and underscored the necessity of ensuring that eligible voters are not disenfranchised due to procedural revisions. With this order, the Supreme Court has sought to uphold the integrity of the electoral process while addressing concerns of exclusion and inclusion raised during the SIR stage.
