West Bengal SIR | Appellate Tribunals May Give Out-of-Turn Hearing If Urgency Shown : Supreme Court

For any grievances remaining with regard to West Bengal electoral roll inclusion/exclusion, the Supreme Court today granted liberty to aggrieved persons to approach the Calcutta High Court and/or the Appellate Tribunals constituted in the state for appropriate redressal.

The Court further said that if persons who have filed appeals against exclusion from the electoral roll make out a case of urgency, they shall be accorded out-of-turn hearings by the Appellate Tribunals. Moreover, if judicial intervention is required, such persons may approach the High Court on administrative or judicial side.

A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice Vipul M Pancholi passed the order, stating,

"Most issues have been comprehensively answered by our April 13 order. However we can understand that some issues would keep on arising on day to day basis warranting attention of the High Court Chief Justice or the Appellate Tribunal. Liberty is given to approach the Chief Justice on administrative side for redressal of pending issues.

As regards to those who have been excluded, and those who have filed appeals, directions will be separately issued requesting ATs to give out of turn hearings to those who are able to make out case of urgency. If matter requires judicial intervention, petitioner or similarly placed persons can approach the High Court on judicial side."

Senior Advocate Kalyan Bandhopadhyay informed the Court today that only 139 appeals out of 27 lakhs were decided by the Tribunals before the cut-off date for the first phase of elections. "We need most speedy disposal in these matters," he said.

The Chief Justice said that the parties will be given liberty to raise the issues before the Calcutta High Court Chief Justice.

Last week, the Court had ordered that persons whose appeals are allowed by the Appellate Tribunals before April 21 or 27 must be allowed to vote in the first or second phase of elections, as the case may be. The Court also clarified that mere pendency of appeal would not give anyone a right to vote.

State of West Bengal went into first phase of voting on April 23 and recorded a historic voter turnout of about 92%. The second phase is to be held on April 29.

Appearance: Senior Advocates Kalyan Banerjee, Rauf Rahim, Menaka Guruswamy, Siddharth Luthra and DS Naidu; SG Tushar Mehta

Case Title: MOSTARI BANU Versus THE ELECTION COMMISSION OF INDIA AND ORS., W.P.(C) No. 1089/2025 (and connected cases)