SC rejects Bengal poll officials' pleas on voter roll deletion, asks them to approach tribunals

A day after West Bengal went to the first phase of polling, the Supreme Court asked individuals, including poll officials, who had filed pleas against the deletion of their names from the voters’ list to approach appellate tribunals.

Rejecting the pleas, the apex court said the appellate tribunals were constituted to decide appeals against the deletion or exclusion of names from the voter list following the Special Intensive Revision (SIR) of electoral rolls. “You have to raise these arguments before the (appellate) tribunal,” a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi told counsel appearing for the petitioners in two separate pleas.

Petitioners on election duty raise concern

Counsel for the petitioners argued that in these cases, 65 petitioners were on election duty in the state. “The order issued for election duty mentioned the EPIC (Electors Photo Identity Card) number, which was deleted subsequently. Now, the people on election duty cannot vote. This, on the face of it, is arbitrary,” the counsel argued.

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He said the deletion of their names from the electoral rolls following the Special Intensive Revision (SIR) exercise was “arbitrary” as no show-cause notice was issued to the petitioners.

The counsel further submitted that the petitioners had already filed their appeals before the appellate tribunal.

“Appropriate orders will be passed by the appellate tribunal,” the bench said. “We will examine the more valuable right to remain on the rolls,” it added.

Seek voting rights

The top court was hearing two separate petitions filed by 71 and six persons, respectively.

The pleas sought a direction to the Election Commission to permit the petitioners, whose appeals remain pending, to exercise their right to vote in the ongoing Bengal elections.

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The first phase of elections in Bengal was held on April 23, and the second and final phase is scheduled for April 29. The results will be declared on May 4.

Supplementary rolls

While hearing the Bengal SIR matter earlier, the apex court had directed the Election Commission to issue a supplementary revised electoral roll to include voters whose appeals against the deletion of their names have been allowed by the appellate tribunals.

The top court had said that the mere pendency of appeals preferred by excluded persons before the appellate tribunals shall not entitle them to exercise their right to vote.

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“We, therefore, invoke our powers under Article 142 of the Constitution and direct the Election Commission that, wherever the appellate tribunals are able to decide the appeals by April 21, 2026, or April 27, 2026, as the case may be, such appellate orders shall be given effect by issuing a supplementary revised electoral roll, and all necessary consequences with respect to the right to vote shall follow.

Right to vote

“However, it goes without saying that mere pendency of appeals preferred by excluded persons before the appellate tribunals shall not entitle them to exercise their right to vote,” the apex court said in its April 13 order.

The Chief Justice of the Calcutta High Court has set up 19 tribunals, headed by former high court chief justices and judges, to decide appeals against the deletion or exclusion of names from the voter list.