West Bengal SIR : Supreme Court Asks Election Duty Officers Excluded From Voter Roll To Approach Appellate Tribunal

The Supreme Court on Friday refused to entertain writ petitions filed by persons aggreived by the deletion of their names from the electoral roll in the West Bengal after the Special Intensive Revision (SIR), although they are enlisted as electoral officers in the ongoing assembly elections.

A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi asked the petitioners to approach the Appellate Tribunals which have been formed to hear appeals against exclusions from the electoral roll in the SIR adjudication process.

Senior Advocate MR Shamshad, for the petitioners, submitted that 65 petitioners are on election duty. He submitted that the situation was ironic as, "Person who is conducting the election can't vote." He stated that the heir duty orders mentioned EPIC numbers, which are now deleted.

When the bench suggested that the petitioners should approach the appellate tribunal, Shamshad argued that there was "ex-facie arbitrariness" in the case, as their names were deleted without any show-cause notice.

The bench however did not entertain the argument, and asked the petitioners to approach the Tribunal. The senior counsel replied that they have already filed the appeals on April 5, and said that it has not been taken up. The bench allowed the petitioners to pursue their remedies before the Tribunal, and disposed of the matter.

"This election, we understand. More valuable right to remain on the rolls, we will examine," Justice Bagchi observed after the matter was over.

The first phase of elections in West Bengal was conducted yesterday. The second phase polling is due on April 29.

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.

Nearly 34 lakh appeals are stated to be pending before the tribunals. As per reports, the appellate tribunals allowed the inclusion of 136 voters in the first phase, after deciding 138 appeals.

Case : MD TOHIDUL ISLAM Vs ELECTION COMMISSION OF INDIA | W.P.(C) No. 516/2026