New Delhi: The Supreme Court on Monday declined a request to advance the hearing in the West Bengal Special Intensive Revision (SIR) matter before the October 6 Assembly bypolls in Nandigram and Rejinagar, and said the case would remain listed for October 5.
The request was made during mentioning before Chief Justice of India Surya Kant. Counsel said the matter had earlier been showing for September 29 but did not appear in the list and was subsequently shown tentatively for October 5—just one day before polling.
Request For Hearing Before Bypolls
Urging the Court to take up the case earlier, counsel submitted that the pending appeals concern voters affected by the revision of West Bengal’s electoral rolls. It was argued that unless the matter was heard before the bypolls, some of those voters could miss the opportunity to participate in an election for a second time.
Counsel also pointed to the large number of appeals awaiting adjudication before the appellate authorities and said the urgency arose because polling in both constituencies is scheduled for October 6.
“These are only by-elections, that’s all,” the Chief Justice orally observed.
When counsel reiterated that the affected persons faced being unable to vote again, the Chief Justice said the matter would be listed on October 5.
Appeals Remain At The Centre Of SIR Dispute
The appellate process has remained a central issue in the litigation over the SIR of West Bengal’s electoral rolls. A recent Election Commission of India affidavit placed before the Supreme Court stated that 38,31,429 appeals had been filed before the Appellate Tribunals. Of these, 1,26,194 had been decided, while 37,05,235 remained pending.
As LawChakra previously reported, the Commission said 22,21,118 appeals were filed by voters whose names had been excluded, while 16,10,311 challenged the inclusion of names in the electoral rolls.
The distinction is important because an appeal against exclusion is brought by a voter seeking restoration of their name, whereas an appeal against inclusion seeks the removal of another person’s name. The pace of disposal has therefore acquired immediate significance wherever an election is approaching.
An earlier affidavit covered by LawChakra had recorded that fewer than 3% of more than 38 lakh appeals had been disposed of at that stage. The Supreme Court has been monitoring the functioning of the Tribunals, including questions concerning the number of appellate bodies and the prioritisation of appeals filed by excluded voters.
Matter To Come Up On October 5
The Court did not pass a substantive order on the merits during Monday’s mentioning. Its response was confined to the listing request, with the SIR matter retained for October 5.
The timing leaves a narrow window between the hearing and polling in Nandigram and Rejinagar. Any substantive directions, if sought and considered on October 5, will come against the backdrop of counsel’s submission that excluded voters may otherwise lose another opportunity to exercise their franchise.
Case: West Bengal SIR matters, including Mostari Banu v. Election Commission of India and Others
Forum: Supreme Court of India
Status: Request for an earlier hearing declined during mentioning; matter remains listed for October 5, 2026.