Supreme Court Seeks ECI Response On TMC MPs' Plea Against SIR Process In West Bengal

The Supreme Court today sought a response from the Election Commission of India (ECI) on the applications filed by MPs from the Trinamool Congress challenging the procedural actions taken in the Special Intensive Revision (SIR) process of the electoral rolls in West Bengal.

The bench of CJI Surya Kant and Justice Joymalya Bagchi heard the applications filed by MPs Derek O Brien and Dola Sen.

Sr Advocate Kapil Sibal, appearing for TMC MP Derek O Brien, stressed that instructions relating to the SIR are being issued through social communication platforms like WhatsApp, making BLOs act without any formally issued orders. He also pointed at the ECI has introduced a 'logical discrepancy' category of voters, who may be issued notice for a quasi-judicial hearing on their eligibility over errors or anomalies in the voter details.

"Very weird procedures are being followed in West Bengal, some WhatsApp messages are being sent... on the basis of that, the authorities are acting without written orders. Then there is something called- logical discrepancies- 1.32 crores, just see (the affidavit)"

The Counsel for the ECI sought two weeks to file the counter.

Considering the same, the bench granted ECI a week. The CJI asked the ECI to file a common response in the applications by TMC MPs- Brien as well as Dola Sen. The matter was listed for next Monday for hearing.

Trinamool Congress (TMC) MP Derek O'Brien has filed the application before the Supreme Court assailing the procedural actions of the Election Commission during its Special Intensive Revision of electoral rolls in West Bengal.

Among other things, he alleges that the ECI has been issuing instructions to Booth Level Officers and others through informal channels, like WhatsApp, thereby making it impossible to establish any audit trail of a process, striking at the fundamental democratic rights of citizens.

The petitioner also challenges ECI's "logical discrepancy" categorisation of voters as unique to West Bengal SIR process, which is likely to entail issuance of notices to 1.36 crore voters, without any written order or guideline. This category arises from alleged mismatches or anomalies in voter details, including spelling variations, inconsistencies in parental or age information, and other data irregularities identified by system-generated algorithms, which are being used as grounds for summoning voters for quasi-judicial hearings.

Another plea by MP Dola Sen contends that the SIR orders are arbitrary, unconstitutional and will lead to invalid deletion of genuine voters.

The ECI, in its counter to Sen's plea, has denied all allegations and stated that the petition is “incorrect and denied in totality” except where expressly admitted.

Case Details : MOSTARI BANU Versus THE ELECTION COMMISSION OF INDIA AND ORS. & Connected matters | W.P.(C) No. 1089/2025