West Bengal Assembly Election 2026: What Supreme Court Ruled on Voting Rights of Voters Whose Names are Deleted
Supreme Court on Bengal SIR: On Thursday, the Supreme Court issued a significant order regarding the case concerning the Special Intensive Revision (SIR) of electoral rolls in West Bengal. In its order, the Supreme Court directed that voters whose names have been cleared by the SIR Tribunal be permitted to cast their votes. Voters whose names are cleared by the Tribunal by April 21 will be eligible to vote in the first phase of the elections, while those cleared by April 27 will be able to participate in the second phase.
This decision has been taken in the interest of those voters whose names were removed from the electoral rolls during the SIR process and whose appeals have since been adjudicated by the Tribunal.
No grant of voting rights by way of interim relief
The Court had previously stated that individuals with pending appeals before the Tribunal would not be permitted to cast their votes in the upcoming Assembly elections. During the hearing, a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi clarified that since these appeals had not yet been adjudicated, it was not possible to grant voting rights by way of interim relief.
Doing so, the Court noted, could potentially compromise the integrity of the electoral process. The Court further observed that if the Tribunal were to allow an appeal—even if the decision came after the stipulated cut-off date—the concerned individuals could subsequently be reinstated in the electoral rolls. However, individuals with pending appeals cannot be permitted to participate in the current elections.
34 lakh appeals have been filed to date
Under the SIR process in West Bengal, the names of lakhs of individuals were removed from the voter lists; against these removals, over 34 lakh appeals have been filed to date. A significant number of these appeals remain pending before the Appellate Tribunal.
The Supreme Court stated that no arrangement could be devised that would place an undue burden on the Tribunal. The Bench emphasized that while the right to vote constitutes the bedrock of democracy, it cannot be exercised while an appeal regarding one's electoral status remains pending.
It is pertinent to note that various political parties—including the ruling Trinamool Congress (TMC) and opposition parties—had demanded that individuals with pending appeals be allowed to vote; however, the Supreme Court rejected this plea. The Court advised the affected individuals to approach the Appellate Tribunal.