SC refuses to entertain pleas of those on election duty in West Bengal, asks them to move tribunal

The Supreme Court on Friday refused to entertain pleas filed by several individuals from West Bengal, including 65 persons on election duty, against the deletion of their names from the voter list following the Special Intensive Revision of electoral rolls.

The apex court asked them to approach the appellate tribunals constituted to decide appeals against the deletion or exclusion of names from the voter list.

“You have to raise these arguments before the (appellate) tribunal,” a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi told the counsel appearing for the petitioners in two separate pleas.

The counsel for the petitioners argued that the difference in these petitions was that 65 petitioners were on election duty in the state.

“The order issued for election duty mentioned the EPIC (electors photo identity card) number, which was deleted subsequently. Now, the people on election duty cannot vote. This, on the face, is arbitrary,” the counsel argued.   He said deletion of their names from the electoral rolls following the Special Intensive Revision (SIR) exercise was “arbitrary” as no show-cause notice was issued to the petitioners.

The counsel argued that the petitioners have already filed their appeals before the appellate tribunal. “Appropriate orders will be passed by the appellate tribunal,” the bench said. “We will examine the more valuable right to remain on the rolls,” it added.

The top court was hearing two separate petitions filed by 71 and six persons, respectively.

The pleas sought a direction to the Election Commission to permit the petitioners, whose appeals remain pending, to exercise their right to vote in the ongoing Bengal elections.

The first phase of elections in Bengal was held on April 23, and the second and final phase is scheduled for April 29. The results will be declared on May 4.

While hearing the Bengal SIR matter earlier, the apex court had directed the Election Commission to issue a supplementary revised electoral roll to include voters whose appeals against deletion of their names have been allowed by the appellate tribunals.

The top court had said that mere pendency of appeals preferred by excluded persons before the appellate tribunals shall not entitle them to exercise their right to vote.

“We, therefore, invoke our powers under Article 142 of the Constitution and direct the Election Commission that, wherever the appellate tribunals are able to decide the appeals by April 21, 2026, or April 27, 2026, as the case may be, such appellate orders shall be given effect by issuing a supplementary revised electoral roll and all necessary consequences with respect to the right to vote shall follow.

“However, it goes without saying that mere pendency of appeals preferred by excluded persons before the appellate tribunals shall not entitle them to exercise their right to vote,” the apex court said in its April 13 order.

The chief justice of the Calcutta High Court has set up 19 tribunals headed by former high court chief justices and judges to decide appeals against the deletion or exclusion of names from the voter list.