The Supreme Court on Wednesday allowed Appellate Tribunals to consider fresh documents in the West Bengal electoral roll revision process. However, the Court made verification of authenticity mandatory.
A Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M. Pancholi passed the order. The Court modified its earlier direction, which had barred new documents.
The Bench clarified the position. It stated that Tribunals can accept fresh documents only after verifying their genuineness.
The Court heard petitions, including one filed by West Bengal Chief Minister Mamata Banerjee. The petitions challenge aspects of the Special Intensive Revision (SIR) and the “logical discrepancy” classification.
West Bengal SIR and Fresh Documents Before Appellate Tribunals
Senior Advocate Dama Seshadri Naidu appeared for the Election Commission of India (ECI). He informed the Court that authorities had notified 19 Appellate Tribunals.
Former Chief Justices and Judges of High Courts head these Tribunals. The authorities selected Dr Shyama Prasad Mukherjee National Institution of Water and Sanitation, Kolkata, as the venue.
The Court also reviewed progress in the adjudication process. Judicial officers have already decided nearly 47 lakh out of 60 lakh claims.
The Chief Justice of the Calcutta High Court informed the Bench about the pace of work. Officers decide around 2 lakh objections every day. They will complete the process by April 7.
Earlier, in February, the Court directed deployment of judicial officers from West Bengal and neighbouring States. The Court issued this direction due to disputes between the ECI and the State Government. Later, it ordered the constitution of Appellate Tribunals with former High Court judges.
Supreme Court on West Bengal SIR Appeals and Verification
The Court stressed that Tribunals must access reasons recorded by adjudicating officers. It also directed that authorities must share these reasons with affected parties.
Justice Bagchi explained the system. He said the software includes a remarks field. Officers record reasons there while deciding inclusion or deletion.
He added that every aggrieved person must receive those reasons. This applies to both excluded individuals and ECI representatives.
West Bengal SIR Adjudication Process Nears Completion
The Court clarified the powers of the Tribunals. It stated that they can correct wrongful inclusion or exclusion.
Justice Bagchi explained the position further. A Tribunal can include a person if it finds the exclusion unjustified. This applies even if the person cannot vote in the current election.
Similarly, the Tribunal can act against wrongful inclusion. It can do so based on a report from the ECI. The Court said the revision process must reach its logical conclusion.
Form 6 Concerns Raised During West Bengal SIR Hearing
Petitioners raised concerns about bulk Form 6 applications. These forms relate to new voter registration.
However, the Court declined to act on oral submissions. It stated that parties must place material on record.
The Bench also clarified another point. A person included after the qualifying date cannot vote in that election.
Next Steps in the West Bengal SIR Case
Earlier, Chief Justice Surya Kant commented on the SIR process. He noted that the process ran smoothly in most States.
However, he pointed out that issues arose mainly in West Bengal. He said that other States handled similar complexities without major problems.
The Court also assigned logistical responsibility to the Chief Justice of the Calcutta High Court. It asked parties to raise specific issues if they persist.
Appearances
Senior Advocates Kapil Sibal, Shyam Divan, Menaka Guruswamy, Gopal Sankaranarayanan, Kalyan Bandopadhyay, and Bikash Ranjan Bhattacharya appeared for the petitioners.
Senior Advocate Dama Seshadri Naidu appeared for the Election Commission of India.
Case Details
Case Title: Mostari Banu v. The Election Commission of India & Ors.
Case No.: W.P.(C) No. 1089/2025 (and connected cases)
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