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regular-article-logo Friday, 20 February 2026

‘Extraordinary’: Supreme Court ropes in Calcutta HC as Bengal, Election Commission spar over SIR process

A three-judge bench of the apex court led by Chief Justice of India Surya Kant passes order on petition filed by chief minister Mamata Banerjee on the SIR underway in the state

Our Bureau Published 20.02.26, 03:44 PM
Supreme Court of India

Supreme Court of India File picture

An anxious Supreme Court on Friday roped in the Calcutta High Court to ensure publication of poll-bound Bengal’s electoral rolls post the special intensive revision (SIR) within the deadline.

“We are left with hardly any other option but to request Chief Justice of Calcutta High Court to spare some judicial officers along with some former judicial officers of integrity in the rank of additional district judge, who can then in each district revisit/dispose of pending claims under category of logical discrepancy,” Chief Justice of India Surya Kant said on Friday while passing the order.

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CJI Kant said a situation was being created where judicial officers have to intervene.

On hearing arguments of both the sides, the CJI observed the two options open before it was either involving judicial officers or to get IAS officers from other states to complete the process. The CJI also reminded there were no such complaints from Bihar, where the SIR exercise was rolled out first in 2024.

“Each such officer shall be assisted by micro-observers and officers of the state government who have already been deputed by the state for such duties. Circumstances being extraordinary, we are conscious of the fact that it may have some impact on the pending court cases. The Chief Justice (of the Calcutta High Court) with committee of judges, may evolve some interim arrangement for urgent matters to alternative courts.”

A three-judge bench of the apex court led by CJI Kant and including Justice Joymalya Bagchi and Justice Vipul M. Pancholi was hearing a petition filed by chief minister Mamata Banerjee on the SIR underway in Bengal.

The CJI observed: “There is an unfortunate scenario of allegations and counter allegations which shows trust deficit between two constitutional functionaries. That is the state government and the Election Commission. Now the process is stuck at the stage of claims and objections of the persons who have been included in the logical discrepancy list. Most of the persons to whom notices were issued have submitted their documents in support of their claim for inclusion in the voter list. These claims are required to be adjudicated in a quasi-judicial process by the EROs [eletoral registration officers].”

The CJI directed the EC officials, the state election commissioner, the state chief secretary, the DGP to hold a meeting with the Chief Justice of Calcutta High Court on Saturday in the presence of the additional solicitor general and the additional advocate general.

“They shall put up respective proposal as to how to remove the stalemate and complete the process. The mechanism to be followed will be as per the Chief Justice (of Calcutta High Court) and our anxiety is work commences and it wraps up smoothly,” said CJI Surya Kant.

The deadline for the final electoral rolls is February 28, though according to Election Commission sources the verification of around 4.66 lakh voters in the state is still pending with the district magistrates, while at the ERO and AERO (assistant ERO) level another 20 lakh is pending. Another 30 lakh forms have been returned for re-verification.

Senior advocate Dama Seshadri Naidu appearing for the Election Commission informed the CJI-led bench that the state had replied to the poll panel on February 18.

Addressing the state’s counsel Kapil Sibal, the CJI said: “If this is the level of communication from the state? For February 9 order you have responded on February 17. You are saying the state government is examining the officers. Examining? You should have written that 8,500 officers are sent. We are not on micro-observers. We are disappointed to see this. We thought states will co-operate. We don’t want private explanations.”

The SC had earlier instructed the Mamata Banerjee government to ensure 8,500 group B officers be made available to the commission on deputation.

Senior advocate Menaka Guruswamy informed the bench that the state of Bengal had only 69 sub-divisional officers.

The CJI has requested all the side to cooperate with the high court.

“Please create an environment for them to function. Imagine what will happen if the SIR process is not completed. Then what happens?” CJI Surya Kant asked.

The apex court has also directed the state DGP to file a supplementary affidavit detailing the complaints received so far and the steps taken.

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