The Supreme Court of India ruled that voters cleared by tribunals up to 2 days before polling can cast their vote in West Bengal elections. However, those with pending appeals will not be allowed to vote, ensuring clarity in the electoral process.
In an important development ahead of the upcoming West Bengal Assembly elections, the Supreme Court of India has clarified that voters whose names are restored by appellate tribunals at least two days before polling will be allowed to vote.
The elections in West Bengal are scheduled to be conducted in two phases—April 23 and April 29. This means that individuals whose appeals are accepted and whose names are included in the voter list by April 21 or April 27, depending on their constituency, will be eligible to cast their vote.
The decision was delivered by a Bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi. The Court exercised its special powers under Article 142 of the Constitution of India to ensure complete justice in the matter.
The order came while the Court was hearing multiple petitions challenging the ongoing Special Intensive Revision (SIR) of electoral rolls in the state. This revision process had triggered widespread controversy due to the deletion of a large number of names from the voter list.
Due to rising tensions and lack of trust between the Election Commission of India and the West Bengal government, the Supreme Court had earlier intervened and handed over the SIR process to judicial officers from West Bengal, Odisha, and Jharkhand. On February 20, the Court had ordered the deployment of district judges, additional district judges, and even retired judges to carry out the verification exercise smoothly.
Nearly 900 judicial officers were involved in this large-scale process. They examined around 60 lakh objections, out of which approximately 27 lakh names were excluded from the electoral rolls. To address grievances, the Court also directed the formation of appellate tribunals to hear appeals against these decisions.
At present, around 19 appellate tribunals are functioning and hearing appeals. The Court noted that more than 34 lakh appeals have already been filed, showing the scale and seriousness of the issue.
In its latest order dated April 13, the Court directed the Election Commission to implement tribunal decisions promptly.
It stated,
“We, therefore, invoke our powers under Article 142 of the Constitution of India and direct the ECI that, wherever the Appellate Tribunals are able to decide the appeals by 21.04.2026 or 27.04.2026, as the case may be, such appellate orders shall be given effect to by issuing a supplementary revised electoral roll, and all necessary consequences with respect to the right to vote shall follow. However, it goes without saying that the mere pendency of appeals preferred by excluded persons before the Appellate Tribunals shall not entitle them to exercise their right to vote,”
The Court clearly refused to allow individuals whose appeals are still pending to vote. It explained that granting such interim relief could create confusion and conflict between voters whose names are already included and those whose inclusion is still under challenge.
Explaining this concern, the Court observed,
“The consequence would be that objectors may likewise seek denial of the right to vote to those individuals whose names appear in the revised electoral roll, but against whom such objectors have preferred appeals. The resultant situation would effectively recreate the very state of affairs that existed prior to the entrustment of the verification exercise to the Judicial Officers. This, in our considered view, cannot be permitted, particularly when Judicial Officers from the State of West Bengal, duly assisted by Judicial Officers from the States of Jharkhand and Odisha, have completed what can only be described as a truly herculean task within a remarkably short span of time,”
The Court also reviewed the functioning of appellate tribunals and found them to be fully operational. Based on inputs from the Chief Justice of the Calcutta High Court, it noted that proper training has been completed, procedures have been finalized, and the tribunals are effectively handling cases.
The Bench stated,
“It is evident that all requisite training for the Members of the Appellate Tribunals stands completed and that, as on date, the Appellate Tribunals are fully functional,”
Further, the Court emphasized that all pending appeals must be decided according to the established guidelines and earlier directions.
It said,
“All such appeals are, therefore, required to be adjudicated by the Appellate Tribunals in accordance with the Standard Operating Procedure formulated by the Committee, as well as the parameters indicated in our order dated 01.04.2026,”
In conclusion, the Supreme Court appreciated the efforts of the judicial officers who carried out this massive exercise under difficult conditions. Recognizing their dedication, the Court remarked,
“We consider it necessary to place on record our acknowledgement and appreciation of the dedication and perseverance exhibited by these Judicial Officers, particularly in the face of exceptionally challenging and adverse circumstances,”
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