Supreme Court Refuses Early Hearing On Delhi SIR Plea, CJI Says Entire Staff Not At Disposal

The Supreme Court on Monday refused an early hearing on the Delhi SIR plea, telling counsel to wait for its orders on October 28, two days before the October 30 deadline for claims and objections in the Delhi Special Intensive Revision of electoral rolls.

Supreme Court of India building as the Court declines early hearing on Delhi SIR plea ahead of October 30 deadline

New Delhi: The Supreme Court on Monday, October 26, declined to take up ahead of schedule a mentioning in the Delhi SIR matter, in which counsel pointed out that the last date for claims and objections in the Special Intensive Revision of Delhi’s electoral rolls is October 30. The Court said the matter is already listed on October 28 and asked counsel to wait for its orders [Matter relating to the Special Intensive Revision of electoral rolls in Delhi].

The mentioning was made before a Bench led by Chief Justice of India Surya Kant, which included Justice Joymalya Bagchi. In a separate mentioning before the same Bench, Senior Advocate Menaka Guruswamy sought that a Member of Parliament’s plea challenging the Election Commission of India’s functioning and decision-making process be heard with similar matters listed on Tuesday, and the CJI directed that it be tagged.

What happened in court

Counsel told the Bench that the last date in the Delhi revision is October 30. The CJI was not inclined to advance the matter further.

“Please wait for our orders. The matter is listed on the 28th. You think our entire staff is at your disposal.”

CJI Surya Kant

Justice Joymalya Bagchi pointed to a related matter on the Bench’s board the same day.

“A similar Maharashtra SIR matter is before us today. Wait and see what happens in it.”

Justice Joymalya Bagchi

How the case reached here

On October 14, the same Bench of CJI Surya Kant and Justice Joymalya Bagchi had advanced the hearing from October 30 to October 28 on an application mentioned by Advocate Prashant Bhushan, who asked that it be heard before the deadline. The application seeks publication of the list of electors who received notices during the Delhi revision, with specific reasons for each notice, and a mechanism to restore voters whose names were deleted without requiring them to declare that they are applying for inclusion for the first time. The Bench had then remarked, “We are thinking of passing an order that will take care of it.”

The main petition was issued notice in September. On September 22, the Court had also agreed to hear a petition by Anjali Bhardwaj and Amrita Johri seeking disclosure of the criteria, definitions, algorithmic parameters and operational guidelines used to classify voters under “logical discrepancies”. The Election Commission extended the claims and objections period by a month on September 26, to October 30, and the final Delhi roll is slated for publication on December 4. These are the petitioners’ contentions; the Election Commission’s response will be before the Court at the hearing, and the Court has expressed no view on the merits.

MP’s plea on ECI functioning tagged

Senior Advocate Menaka Guruswamy mentioned the plea of a Member of Parliament, who was not named in court, challenging the Election Commission’s functioning and decision-making process. She told the Bench that similar matters are listed on Tuesday and asked that the petition be heard along with them. CJI Surya Kant responded, “Tag it with the other matters.” The petitioner’s case has not yet been answered by the Commission.

The legal position

Electoral rolls are prepared and revised under the Representation of the People Act, 1950 and the Registration of Electors Rules, 1960, with Form 6 used for inclusion of names. The challenge turns on whether a voter struck off during the revision can be asked to apply afresh as if enrolling for the first time. Article 324 of the Constitution vests the superintendence, direction and control of the preparation of electoral rolls in the Election Commission. With the Delhi window closing on October 30, the October 28 hearing is the last listed date before the deadline.

Case Title: Matter relating to the Special Intensive Revision of electoral rolls in Delhi
Bench: CJI Surya Kant and Justice Joymalya Bagchi, Supreme Court of India
Date of Mentioning: October 26, 2026
Next Date: October 28, 2026

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