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Supreme Court Questions West Bengal Voter Roll Revision, Seeks Unified Reply from Election Commission

Vivek G.

Mostari Bani v. The Election Commission of India & connected matters, Supreme Court hears challenge to West Bengal SIR process, flags procedure concerns, grants EC time to file unified reply.

Supreme Court Questions West Bengal Voter Roll Revision, Seeks Unified Reply from Election Commission
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The Supreme Court on Friday heard a batch of petitions challenging the ongoing Special Intensive Revision (SIR) of electoral rolls in West Bengal, after senior counsel raised concerns over the manner in which the exercise is being conducted. The court has now scheduled the matter for further hearing next week, granting time to the Election Commission of India to respond comprehensively.

Background of the Case

The petitions question the legality and fairness of the SIR process initiated by the Election Commission of India in West Bengal. Petitioners allege that the revision is being carried out in a manner that could lead to the wrongful exclusion of genuine voters.

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Earlier, the Commission had maintained that claims of large-scale deletions were exaggerated and driven by political motives. It had defended its actions as a constitutionally sanctioned exercise aimed at maintaining the purity of electoral rolls.

Appearing for the petitioners, senior advocate Kapil Sibal told the bench that the SIR revealed serious procedural lapses. Addressing a bench led by the Chief Justice, Sibal pointed to unconventional modes of communication allegedly used during the process.

“Very weird procedures were being employed,” he said, adding that communications appeared to have been sent through WhatsApp. According to him, “the execution of the SIR revealed illogical discrepancies,” which, he argued, deserved close judicial scrutiny.

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Court Observations

The bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi heard the submissions briefly and took note of the concerns raised regarding transparency and uniformity in the revision exercise.

While no final view was expressed at this stage, the court indicated that the issues raised required a consolidated response from the poll body.

Counsel appearing for the Election Commission sought additional time to place its response on record. The bench allowed the request and directed the Commission to file a single, unified counter affidavit addressing all the connected petitions.

The court made it clear that the matter would be taken up again the following week, after the response is filed.

Commission’s Stand on Record

In affidavits filed earlier, the Commission had relied on Article 324 of the Constitution and provisions of the Representation of the People Act, 1950, to justify the SIR. It stated that special revisions have been part of India’s electoral framework since the 1950s and cited similar nationwide exercises conducted between 1962 and 1966, 1983 and 1987, and in later years.

The Commission also asserted that no voter can be removed without due process and highlighted safeguards for elderly voters, persons with disabilities, and those temporarily away from their homes.

Decision

After hearing the submissions, the Supreme Court granted time to the Election Commission of India to file a unified response and listed the challenge to the West Bengal SIR process for hearing next week.

Case Title: Mostari Bani v. The Election Commission of India & connected matters

Decision Date: 12 January 2026