Bengal SIR 2026: SC says deleted voters’ rights cannot be wiped out forever

The Supreme Court on Wednesday underscored that individuals removed from West Bengal’s electoral rolls during the Special Intensive Revision (SIR) cannot be permanently stripped of their voting rights, particularly if they have not found a place in any of the supplementary lists ahead of the upcoming Assembly elections.

A three-judge Bench led by Chief Justice of India Surya Kant observed while examining the functioning of 19 appellate tribunals set up by the Election Commission of India.

These tribunals, headed by former High Court Chief Justices and judges, are tasked with hearing appeals from those whose names were deleted from the voter list.

Justice Joymalya Bagchi stressed that the entire adjudication and appeals process must be completed properly, warning that any failure to do so could result in a deeply unjust situation for affected voters.

The Bench directed the Election Commission to ensure that tribunals are given full access to the reasoning recorded by adjudicating officers, including detailed remarks explaining why individuals were removed from the rolls.

The Chief Justice noted that scrutiny by experienced judicial members in these tribunals would help ensure fairness for those wrongly excluded.

During the hearing, the court referred to a communication from the Chief Justice of the Calcutta High Court, which stated that judicial officers assigned to the revision exercise had already resolved nearly 47 lakh claims out of a total of 60 lakh.

The remaining cases, the High Court assured, would be decided by April 7.

The timeline is crucial as the electoral process is already underway. Nominations for the first phase of polling, covering 152 of the State’s 294 constituencies, close on April 6, with voting scheduled for April 23.

The second phase, involving 142 constituencies, will see nominations close on April 9 and polling on April 29.

Although the final electoral roll was officially published on February 28, the Supreme Court had earlier permitted continuous updates through supplementary lists to safeguard eligible voters. The fourth such list was released recently.

Representing the Election Commission, senior advocate Dama Seshadhiri Naidu argued that only eligible voters should be included, asserting that the system aims to both include rightful voters and exclude ineligible ones.

However, senior advocate Shyam Divan, appearing for the State government, highlighted that nearly 45% of the disposed claims resulted in exclusions, calling attention to the scale of removals despite individuals being properly identified.

Adding to the concerns, senior advocate Gopal Sankaranarayanan pointed out inconsistencies in the process, citing instances where even a former High Court judge’s name had been struck off the rolls.

The Supreme Court has scheduled the next hearing for April 6, when it will review the progress of pending claims and objections arising from the SIR exercise, coinciding with the final day for filing nominations in the first phase of the elections.