Introduction
The Supreme Court on Monday, August 17, 2026, declined to interfere with the Election Commission of India’s decision to use the 2002 electoral roll as the reference point for the ongoing Special Intensive Revision (SIR) of electoral rolls in Sikkim.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana was hearing a Public Interest Litigation filed by Sikkimese Mulniwasi Surakcha Sangh, which questioned the basis for selecting 2002 as the cut-off year for the exercise.
Background Of The Case
The petitioner argued that Sikkim’s distinctive demographic and constitutional history required the Election Commission to adopt a different approach from other States.
It was submitted that earlier intensive revisions conducted in Sikkim, including those in 1979, 1983, 1988 and 1993, could also have been considered. The petitioner also questioned whether the electoral roll figures were consistent with the State’s demographic data.
The Election Commission, however, explained that the 2002 electoral roll was the last Special Intensive Revision roll prepared in Sikkim. It opposed any change at this stage, pointing out that the revision process was already underway and that changing the reference year would require the exercise to effectively start afresh.
Court’s Observation
During the hearing, the Bench questioned why Sikkim should have a separate reference year when the Election Commission had adopted a uniform approach across the country.
Chief Justice Surya Kant observed,
“How can now we claim a different date for your State? SIR is specifically on uniform basis in 2002.”
Justice Joymalya Bagchi also noted that it was not disputed that a Special Intensive Revision had been conducted in Sikkim in 2002. The Bench further took note of the fact that no political party or other stakeholder from Sikkim had come forward to challenge the Election Commission’s decision.
The Chief Justice questioned the petitioner’s basis for seeking judicial intervention when the exercise had not been opposed by political parties or other stakeholders in the State.
Supreme Court’s Decision
The Supreme Court ultimately refused to entertain the plea at this stage. The Bench noted that the 2002 SIR had undisputedly taken place in Sikkim and that the Election Commission had adopted the year as part of a uniform, pan-India approach.
The Court treated the selection of the reference year as essentially a policy decision and found no sufficient ground for judicial interference.
The Bench observed,
“We see no good ground to interfere with fixation of the year.”
Accordingly, the Supreme Court declined to interfere with the Election Commission’s use of the 2002 electoral roll as the reference point for the SIR exercise in Sikkim.
Case Details
Case Title: Sikkimese Mulniwasi Surakcha Sangh (SMSS), A Registered Public Trust v. Election Commission of India and Ors.
Case Number: W.P.(C) No. 979/2026
Judges: Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana
Decision Date: August 17, 2026
