Judicial Officers to Oversee Objections; Tribunals to Ensure Fair Adjudication Before Upcoming State Polls
In a landmark decision, the Supreme Court of India has mandated the establishment of Appellate Tribunals to address disputes arising from the Special Intensive Revision (SIR) process of electoral rolls in West Bengal. The judgment, delivered on April 13, 2026, responds to multiple writ petitions challenging the inclusions and exclusions of names from the electoral list.
The court's decision came in response to concerns over the integrity of the voter list revision process, which had been marred by allegations and counter-allegations against state officials and those deputed by the Election Commission of India (ECI). Exercising its powers under Article 142 of the Constitution, the Supreme Court had earlier entrusted Judicial Officers from West Bengal, Jharkhand, and Odisha to oversee the initial verification process of the electoral rolls.
Chief Justice Surya Kant and Justice Joymalya Bagchi, presiding over the case, emphasized the need for a transparent mechanism to handle appeals against the decisions made during the SIR process. The Appellate Tribunals, composed of former Chief Justices and Judges from the High Court of Calcutta and neighboring states, are tasked with revisiting the records and decisions made by the Judicial Officers.
The court has directed that these tribunals must adhere to the principles of natural justice, ensuring all parties are given a fair opportunity to present their cases. The decision aims to address over sixty lakh objections processed during the initial review and the subsequent 34 lakh appeals filed against alleged wrongful inclusions or exclusions.
The Supreme Court has set a deadline for the Appellate Tribunals to finalize their decisions by April 21 or April 27, 2026, to ensure the supplementary revised electoral roll is prepared before the state polls scheduled for April 23 and April 29, 2026. The court clarified that the pendency of appeals would not automatically entitle excluded individuals to vote, underscoring the importance of finalizing the appeals process promptly.
Acknowledging the dedication of the Judicial Officers, the court expressed appreciation for their efforts in completing the verification process under challenging circumstances. The judgment underscores the court's commitment to maintaining the integrity of the electoral rolls and ensuring that the right to vote is preserved for eligible citizens.
Bottom Line:
Electoral roll revisions-Special Intensive Revision (SIR) process in West Bengal challenged-Court directed establishment of Appellate Tribunals to address objections and appeals related to voter inclusion/exclusion-Tribunals mandated to revisit full records and adjudicate appeals as per principles of natural justice.
Statutory provision(s): Article 142 of the Constitution of India
Mostari Banu v. Election Commission of India, (SC) : Law Finder Doc id # 2884114
