- By Kamakshi Bishnoi
- Mon, 13 Apr 2026 06:00 PM (IST)
- Source:JND
The Supreme Court has refused to grant interim voting rights to individuals whose names were removed from West Bengal’s voter list during the Special Intensive Revision (SIR) process and whose appeals are still pending before appellate tribunals ahead of the first phase of Assembly elections scheduled for April 23.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi termed the petition “premature” and directed the petitioners to approach the designated appellate tribunals.
“Since the petitioners (Quaraisha Yeasmin and others) have already approached the appellate tribunal, in our considered view, the apprehensions expressed in the petition are premature. If the plea is allowed, then necessary consequences will follow,” PTI quoted the bench.
The plea had alleged that the Election Commission was deleting names without due process and that appeals were not being heard within a reasonable time. It was also argued that necessary records were not being placed before judicial authorities and that the “freezing date” of the electoral rolls should be extended.
Kalyan Banerjee, of the Trinamool Party, claimed that there have been over 1.6 million applications submitted for voting, so they need to be utilised in this two-phase state general election due to occur at the end of the current month.
Chief Justice of India Surya Kant said in response, "That is entirely out of the question. If we were to permit this, then the voting rights of the individuals involved would have to be suspended."
The Chief Justice of the Calcutta High Court has constituted 19 tribunals, led by former chief justices and judges, to hear appeals related to voter list deletions. Appearing for the Election Commission, senior advocate D S Naidu informed the court that nearly 30 to 34 lakh appeals are currently pending. “Every tribunal now has over one lakh appeals to handle,” the bench noted.
During the hearing, the petitioners’ counsel questioned delays in adjudication, asking, “If I am not allowed to argue, then what is the use? Will these appeals be decided within a timeframe or just kept extending?”
Justice Bagchi stressed the importance of voting rights, stating, “The right to vote in a country you were born in is not just constitutional, but sentimental. It is about being part of a democracy and helping elect a government.”
The bench made it clear that it would not interfere with the election process at this stage. Justice Bagchi noted that the Calcutta High Court had already laid down the framework for appeals, which began on Monday.
“Unless and until an enormous number of voters are excluded or it materially affects the election, the election cannot be cancelled,” the bench observed, stressing that judicial intervention is meant to “promote elections, not interdict them.”
The Chief Justice reiterated that petitioners must exhaust remedies before appellate tribunals before approaching the apex court. Elections in West Bengal will be held in two phases on April 23 and 29, with counting scheduled for May 4.
“If you go through 1,000 documents a day, if accuracy is 70 per cent, then the activity should be rated as excellent. So margin of error will be there, and we need a robust appellate forum," Bagchi said.