SC says voters have ‘continuing right’ to remain on rolls amid SIR in Bengal

The Supreme Court of India on Monday expressed concern over the Special Intensive Revision (SIR) of electoral rolls in West Bengal, observing that the process must not be influenced by the pressures of impending Assembly elections and that voters retain a continuing right to remain on the rolls.

As per reports, a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing a writ petition filed by voters whose appeals against their exclusion from the electoral rolls are pending before appellate tribunals.

The petitioners have sought an extension of the cut-off date for freezing the electoral rolls, arguing that they should be allowed to vote in the forthcoming Assembly elections if their appeals are decided in their favour. The Election Commission of India has stated that the rolls were frozen on April 9.

The bench observed that the voters have a ‘continuing right’ to remain on election rolls. It added that it is not only a constitutional right but also an emotional one and one has to protect it. One cannot get blinded by the dust and fury of impending elections. 

At the outset, the Chief Justice of India indicated reluctance to intervene, stating that the appellate tribunals should be allowed to decide the pending appeals. However, counsel for the petitioners alleged that the poll body was not cooperating with the appellate process by failing to produce relevant records.

Justice Bagchi reportedly underlined the need for a “robust appellate mechanism” to effectively address grievances of voters removed from the rolls, noting that the scale and pace of adjudication could lead to errors.

During the hearing, the bench also pointed to what it described as procedural deviations in the SIR exercise in West Bengal, including the introduction of a new category termed “logical discrepancy”, which was not used in other states.

Referring to earlier submissions in a separate case concerning Bihar, the court noted inconsistencies in the poll panel’s approach, particularly regarding documentation requirements for voters listed in the 2002 electoral rolls.

Justice Bagchi observed that given the volume of cases being handled daily, a margin of error was inevitable, reinforcing the need for a strong appellate framework.

Assembly elections in West Bengal are scheduled to be held in two phases on April 23 and 29, with counting of votes on May 4.