Supreme Court of India refused to conduct probe into alleged voter additions in West Bengal, citing lack of concrete material. CJI Surya Kant stressed courts cannot act on speculative claims.
The Supreme Court remarked that it cannot conduct a “fishing inquiry” after it was brought to the court’s notice that the Election Commission (EC) may have added around five to seven lakh voters in poll-bound West Bengal. The observation was made when senior advocate Menaka Guruswamy raised the issue before a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi.
Citing media reports, Guruswamy alleged that additional voters were enrolled in West Bengal through Form 6.
Form 6 is used for inclusion of a name in the electoral roll for first-time voters or for those shifting from one constituency to another. Guruswamy argued that adding voters through Form 6 is not permissible after the prescribed cut-off date and that enrolling such a large number could influence the upcoming Assembly election in the state.
“You challenge it, we will see,” the CJI said. Guruswamy responded that they did not have sufficient information since the final electoral roll has not yet been published.
The CJI observed,
“We can’t have a fishing inquiry,”
The court added, “We will not entertain like this.” The apex court is already hearing several pleas connected to the Special Intensive Revision (SIR) of the electoral roll in West Bengal.
West Bengal Assembly elections are scheduled to be held in two phases on April 23 and 29, with counting set for May 4. During the hearing of the SIR case last week, the Supreme Court directed the EC to publish a supplementary revised electoral roll to include voters whose appeals against deletion of their names have been allowed by appellate tribunals.
The Court had clarified that the mere pendency of appeals filed by excluded persons before appellate tribunals would not give them the right to vote.
The bench had said in its April 13 order,
“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 April 21, 2026, or April 27, 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,”
Meanwhile, the Chief Justice of the Calcutta High Court has constituted 19 tribunals, headed by former Chief Justices and judges of the High Court, to decide appeals against deletion or exclusion of names from the voters’ list.
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