The Supreme Court on Friday refused to entertain petitions filed by several individuals from West Bengal, including 65 people deployed on election duty, challenging the deletion of their names from the voter list after the Special Intensive Revision (SIR) of electoral rolls. The court directed them to seek relief before the designated appellate tribunals.
“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.
The petitioners’ counsel argued that 65 of those affected were currently 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, is arbitrary,” the counsel argued.
He further submitted that the deletion of their names during the SIR exercise was “arbitrary” as no show-cause notice had been issued.
The counsel informed the bench that the petitioners had already filed appeals before the appellate tribunal.
“Appropriate orders will be passed by the appellate tribunal,” the bench said.
"This election yes perhaps they can't vote. The more valuable right to remain on the rolls shall be preserved," Justice Bagchi orally observed, as reported by legal news websites.
Out of around 34 lakh appeals, reportedly only 139 have been cleared by the appellate tribunals.
The apex court was hearing two separate petitions filed by 71 and six persons respectively. The pleas sought directions to the Election Commission to allow the petitioners, whose appeals are pending, to vote in the ongoing West Bengal elections.
The first phase of polling in Bengal was held on April 23, while the second and final phase is scheduled for April 29. Results will be declared on May 4.
Earlier, while hearing the Bengal SIR matter, the Supreme Court had directed the Election Commission to issue a supplementary revised electoral roll for voters whose appeals against deletion had been allowed by appellate tribunals.
The court had also clarified that pending appeals alone would not entitle excluded persons to vote.
“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.
“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 constituted 19 tribunals headed by former high court chief justices and judges to hear appeals against deletion or exclusion of names from the voter list.