'Though Removed From Electoral Roll, You're Entitled To Certain Benefits' : Supreme Court Asks SIR-Excluded Person To Move HC For Ration

The Supreme Court today orally observed that persons excluded from electoral rolls after the Special Intensive Revision (SIR) exercise in West Bengal remain entitled to certain benefits (like ration).

A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was dealing with the plea of one Mohibulla Mondal, who sought directions to prevent deletion/cancellation/suspension of his ration card following the order passed by the state's Department of Food and Supplies in June.

The petitioner further prayed that the supply of subsidized food grains to him be not disturbed, atleast until his appeal challenging exclusion from the electoral rolls is decided by the Appellate Tribunal.

The Court was however of the opinion that the relief sought could be effectively granted by the Calcutta High Court. It disposed of the matter granting liberty to the petitioner to approach the High Court.

"You are right. Even if your name is removed from the electoral roll, you are entitled to certain benefits. But those benefits can be granted by the High Court very well...Tomorrow, if your appeal is allowed, entire exercise becomes academic", remarked CJI Kant.

Senior Advocate Shadan Farasat appeared for the petitioner and cited the example of Bihar. He said that the Court has "drawn a line" and things would be clearer if the Court were to enforce it. He pleaded that the Court may take up the issue in any one matter and clarify the position.

In response, CJI said, "not one matter. we are only saying we will clarify in 100 matters if need be. But we are quite sure the High Courts will not give us a chance to clarify. They will understand this very well. You are entitled to certain benefits. Go through jurisdictional High Courts, they will grant it."

Ultimately, the Court requested the Appellate Tribunal to expedite the hearing of the petitioner's appeal and decide it preferably within 2 months. If his grievances are not fully addressed, it added, the petitioner would be at liberty to approach the High Court.

In the judgment upholding the SIR exercise in Bihar, the Supreme Court had categorically clarified that deletion from the electoral roll will not take away the citizenship rights of a person, as the Election Commission is not the authority to authoritatively determine citizenship status.

The Court also clarified the consequence of deletion from the electoral roll: it is only that the person cannot vote and cannot have other rights flowing from citizenship status taken away.

"The consequence of such a citizenship determination is correspondingly limited. It affects the individual's entitlement to be included in the electoral rolls and thereby the right to participate in the electoral process. It does not, however, operate to divest the individual of claims to citizenship, nor does it foreclose adjudication of that question by the competent authority under the Citizenship Act," the Court's judgment stated.

A PIL is currently pending in the Calcutta High Court challenging the State's move to deny ration benefits to SIR-excluded persons.

Case Title: MOHIBULLA MONDAL v. STATE OF WEST BENGAL AND ORS., W.P.(C) No. 791/2026