West Bengal SIR | Can't Allow Deleted Persons To Vote In 2026 Elections When Their Appeals Are Pending : Supreme Court

The Supreme Court on Monday expressed reluctance to allow the persons excluded from the electoral rolls to vote in the upcoming West Bengal assembly elections while their appeals are pending before the appellate tribunals. A similar view was expressed by the Court last week as well.

The Court however indicated that it might consider the plea to allow the publication of supplementary rolls to include persons whose appeals are allowed before the assembly elections, which are to take place in two phases on April 23 and 29.

The bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was informed by the Chief Justice of the Calcutta High Court that over 34 lakh appeals have been filed as on April 11.

Senior Advocate Kalyan Bandhopadhyay, submitting that the 19 appellate tribunals will not be able to decide these lakhs of appeals before the election, requested that the appellants be allowed to exercise their franchise.

"Where is the question of voting then? Those who have been allowed, we should stay that also then," CJI Surya Kant said. The CJI pointed out that in that case, the persons have been included in the list also should be barred from voting if appeals are pending against their inclusion.

Justice Bagchi noted that the persons whose claims were adjudicated by April 9, the date when the rolls were frozen, can vote on April 23.

"If the judicial officers had completed their adjudication in the first instance in respect of any assembly constituency by 9th of April, even if they have exceeded one or two days... we have given the answer. 123 constituencies whose last date of nomination is 6th of April, the list was published on the night of 6th of April, there was some spill over, those names will be included in the electoral roll for the 23rd April election. If their names are there, they can vote."

Bandopadhay submitted that the Tribunals started functioning only recently. Justice Bagchi said the Court will consider what is to be done. "We will try to create a via media as much as responsive to the twin requirements of first layer adjudication on one hand and your aspirational right...."

Senior Advocate Shyam Divan, for the West Bengal Chief Minister, referring to the proviso to Section 21(3) of the Representation of the People Act, 1950, submitted that if the SIR process is ongoing, then the previous roll must be used for the election.

Justice Bagchi then referred to Rule 23(3) of the Registration of Electors Rules, 1960, to point out that there cannot be an interim suspension of the exclusion during the pendency of the appeal.

CJI then pointed out that appeals are also pending against rejection of objections, and if the plea for interim inclusion is to be accepted, then the plea for interim exclusion also will have to be considered. "There is another aspect, 55% objections have been rejected. They have been included. Objectors have gone in appeal. They will also ask for the same order."

Divan requested that there be a provision for a supplementary list to accommodate the appeals allowed by the Appellate Tribunals before the election.

"That is what we are looking to focus on," Justice Bagchi said.

"We are also equally conscious," CJI added.

Justice Bagchi also noted that as per Rule 23(5) of the Registration of Electors Rules, if an appeal is allowed, then the electoral roll has to be immediately allowed.

"We are conscious that pendency of appeal is not a suspension of the primary decision. That is the rule. But what is the consequence, if an appeal is... sub-section 5, that the electoral officer will immediately amend the electoral roll. So there, subject to our exercise of Article 142 powers...."

The Chief Justice said that the appellate tribunals cannot be pressured.

"We are equally concerned; we cannot create a situation where appellate tribunal members are bogged down, and they need every, and create another challenge. Please appreciate, see the second side, there is an application wherever objections are rejected, and we have gone in appeal, don't allow them to vote. Same analogy can apply there; we have to balance."

Bandhopadhyay said that the people of Bengal are looking towards the Supreme Court for relief. "Deprivations are so much, 34 lakh appellants, they are genuine voters."

Advocate Ashwini Upadhyay, who has filed the application seeking interim exclusion of voters whose inclusions are challenged before the tribunals, then said, "We know how the demography of Bengal was changed."

"Don't say about Bengal, Bengal knows how to fight," Bandhopadhyay replied.

Divan requested that the matter be listed this Friday or next Monday. "We will consider this apsect, and pass some orders..." CJI said.

Earlier in the day, while hearing another matter related to WB SIR, Justice Bagchi had raised concerns about the process, saying that the ECI had deviated from the stance taken in Bihar SIR.

Case no. – W.P.(C) No. 1089/2025

Case Title – Mostari Banu v. Election Commission of India and Ors and connected cases.

Related - West Bengal SIR |'If Winning Margin Is 2 % & 15% Couldn't Vote?' : Justice Bagchi Raises Concerns, Says ECI Deviated From Bihar Stance