Court directs ECI to issue supplementary electoral rolls; clarifies mere pendency of appeal does not confer voting rights
The Supreme Court has permitted voters excluded during the Special Intensive Revision (SIR) of electoral rolls in West Bengal to vote in the upcoming elections, provided their appeals are allowed by appellate tribunals before specified cut-off dates.
The directions were issued in a batch of petitions concerning large-scale exclusions from electoral rolls during the SIR process in West Bengal. Individuals whose names were deleted had approached the Court seeking restoration of voting rights and interim relief.
The Election Commission had earlier frozen the voter list ahead of the first phase of polling, prompting concerns about disenfranchisement of affected voters.
The principal issue before the Court was whether excluded voters could be permitted to exercise their franchise during the pendency of appeals challenging their exclusion from electoral rolls.
A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi invoked powers under Article 142 of the Constitution to ensure that eligible voters are not deprived of their franchise.
The Court directed that wherever appellate tribunals decide appeals by April 21, 2026 (for the first phase) or April 27, 2026 (for the second phase), such decisions must be given effect by issuing a supplementary revised electoral roll.
It observed that once an appeal is allowed and a conclusive direction is issued, the voter must be included in the roll and permitted to vote on the respective polling dates.
However, the Court made it clear that mere pendency of appeals would not entitle excluded persons to vote.
Rejecting the plea for interim voting rights, the Bench reasoned that allowing such relief could create reciprocal claims to exclude voters whose inclusion is under challenge, thereby disrupting the electoral process.
The Court also noted that judicial officers had completed the extensive verification exercise involving lakhs of objections and appeals within a short time, describing it as a “herculean task.”
The Supreme Court directed the Election Commission of India to issue supplementary electoral rolls incorporating names of voters whose appeals are allowed within the prescribed timelines, enabling them to vote in the respective phases of polling.
The Court refused to grant interim voting rights to persons whose appeals remain pending and listed the matter for further hearing on April 24, 2026.
