Court directs ECI to issue supplementary electoral rolls; clarifies mere pendency of appeal does not confer voting rights
The Supreme Court has allowed certain voters excluded during the Special Intensive Revision (SIR) of electoral rolls in West Bengal to vote in the upcoming elections. This relief, however, will apply only if appellate tribunals allow their appeals before the cut-off dates fixed by the Court.
The directions came in a batch of petitions over large-scale exclusions from electoral rolls during the SIR process in West Bengal. Voters whose names were deleted moved the Court and sought restoration of their voting rights as well as interim relief.
The Election Commission had already frozen the voter list ahead of the first phase of polling. This raised serious concerns about disenfranchisement.
The main issue before the Court was whether excluded voters could cast their votes while their appeals against exclusion remained pending.
A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi considered the matter. The Bench invoked Article 142 of the Constitution to ensure that eligible voters do not lose their franchise.
The Court directed appellate tribunals to decide appeals within strict timelines. If a tribunal allows an appeal by April 21, 2026, the voter can vote in the first phase. If it allows an appeal by April 27, 2026, the voter can vote in the second phase.
The Court said the authorities must then issue a supplementary revised electoral roll. Once the tribunal allows the appeal and gives a conclusive direction, the voter must be included in the roll and allowed to vote on the relevant polling date.
At the same time, the Court made it clear that pendency of an appeal alone will not give an excluded person the right to vote.
The Bench rejected the plea for interim voting rights. It said such a course could trigger counter-claims seeking exclusion of voters whose inclusion is also under challenge. According to the Court, that would disrupt the electoral process.
The Court also noted that judicial officers had completed the large verification exercise within a short time. It described the exercise, which covered lakhs of objections and appeals, as a “herculean task.”
The Supreme Court directed the Election Commission of India to issue supplementary electoral rolls for voters whose appeals succeed within the prescribed timelines. The matter will next come up for hearing on April 24, 2026.
