The order, released three days after the hearing, further lays down clear timelines for filing and deciding appeals related to voting rights

New Delhi: The Supreme Court on Thursday ruled that individuals whose appeals have been allowed by the Appellate Tribunal will be eligible to vote in the upcoming West Bengal Assembly elections, ensuring that eligible voters are not excluded from the electoral process.
In an order uploaded three days after the hearing in the SIR case, the court invoked its powers under Article 142 of the Constitution to secure the inclusion of qualified voters.
The bench directed the Election Commission of India (ECI) to implement the tribunal’s appellate decisions by April 21 or April 27, 2026, through a supplementary revised electoral roll. Those whose appeals are allowed will be permitted to exercise their franchise in the state elections.
However, the court clarified that the mere pendency of appeals filed by excluded individuals will not restore their right to vote.
It further cautioned against reopening the verification process at the appellate stage by entertaining fresh objections, emphasising the need to maintain finality in the process.
The apex court described the large-scale verification exercise conducted by judicial officers as a “truly herculean task”, completed within a limited timeframe.
Invoking Article 142, the bench of Chief Justice Surya Kant and Justice Joymalya Bagchi directed the ECI to give effect to appellate orders within the stipulated timelines, stating that all consequential voting rights must follow once appeals are allowed.
What is Article 142
Article 142 of the Indian Constitution empowers the Supreme Court with exceptional discretionary authority to pass any decree or order necessary to ensure “complete justice” in any matter before it. It serves as a plenary power, enabling the Court to fill gaps where existing laws may be insufficient.
Published: 16 Apr 2026, 04:49 pm IST
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