The Supreme Courtroom on Tuesday directed that Appellate Tribunals comprising former Excessive Courtroom Chief Justices and former Excessive Courtroom Judges be constituted to listen to appeals towards exclusions within the West Bengal Particular Intensive Revision (SIR) course of, after issues had been raised in regards to the absence of an unbiased appellate mechanism.
This follows the earlier instructions of the Courtroom, as per which Judicial Officers, from Bengal and neighbouring states, had been deployed to adjudicate SIR claims, in view of the blame-game between the State and the Election Fee of India.
Throughout the listening to, senior counsel showing for the petitioners flagged two points earlier than the Courtroom. The primary associated to the mechanism of enchantment obtainable to individuals whose claims are rejected by the Judicial Officers (JOs) throughout the revision course of. The second involved the publication of supplementary lists of individuals whose objections have already been disposed of, significantly in view of the big variety of objections, reportedly exceeding ten lakh.
Addressing the primary difficulty, the Courtroom recalled its order dated February 24, by which it had clarified that orders handed by the Judicial Officers wouldn’t be subjected to enchantment earlier than any govt or administrative discussion board.
In view of this, the Courtroom noticed that the Chief Justice of the Calcutta Excessive Courtroom might request some former Chief Justices and two or three former Excessive Courtroom Judges, ideally from the Calcutta Excessive Courtroom or neighbouring States, to function members of the appellate tribunals. As soon as their names are really helpful, the Election Fee of India (ECI) might notify them as Appellate Tribunals to listen to appeals arising from the SIR course of. The Courtroom left it to the Calcutta Excessive Courtroom Chief Justice to determine what number of members ought to be on the Appellate Tribunal Benches.
The Courtroom additional requested the Chief Justice of the Calcutta Excessive Courtroom to repair the honorarium payable to the previous Chief Justices or judges who conform to serve on the tribunals. The honorarium could also be decided in session with the Election Fee of India, which is able to bear your complete expense.
With respect to the second difficulty regarding the publication of supplementary lists of individuals whose objections have already been disposed of, the Courtroom granted liberty to either side to method the Chief Justice of the Calcutta Excessive Courtroom.
The Courtroom noticed that when the Chief Justice makes an acceptable suggestion relating to publication of such supplementary lists, the Election Fee of India ought to act upon it.
Senior Advocates Menaka Guruswamy, Kalyan Bandhopadhyay and Gopal Sankaranarayanan appeared for the petitioners.
Standing Of Objections And Deployment Of Judicial Officers
The Courtroom famous a communication obtained from the Chief Justice of the Calcutta Excessive Courtroom, which said that 10.16 lakh objections had been disposed of as of the night of March 9.
In accordance with the communication, 500 Judicial Officers from West Bengal and round 200 Judicial Officers from Odisha and Jharkhand have been deployed for the train and are working day and evening.
It additional knowledgeable the Courtroom that round 700 login IDs had been created by March 8, 2026 to facilitate easy mobilisation and redeployment of Judicial Officers in sure delicate districts.
Nevertheless, the Judicial Officers had been going through sure pressing logistical and technical difficulties, which the Courtroom noticed appeared to have arisen on the stage of the Election Fee of India. The difficulty was dropped at the discover of ECI’s counsel Senior Advocate Dama Seshadri Naidu, who assured the Courtroom that the issues can be rectified directly.
The Courtroom strongly really helpful that the ECI present full logistical assist to the Calcutta Excessive Courtroom and the Judicial Officers to allow them to finish their tasks. It additionally directed the State authorities to supply all vital amenities for the conduct of the train.
Instructions Issued By The Courtroom
The Courtroom issued the next instructions to make sure the sleek continuation of the method:
The Election Fee of India shall be certain that no obligatory requirement is launched which could disrupt the method, until permitted by the Chief Justice of the Calcutta Excessive Courtroom.
Technical points referring to the portal that are inflicting disruptions shall be successfully addressed in order that no such disruption happens within the course of.
New login IDs shall be created promptly as and when required by the Judicial Officers, with none delay.
Refuses to entertain plea towards exclusion
Throughout the listening to, the Courtroom expressed severe unhappiness with an utility filed looking for to direct the ECI to withdraw the extra instances given to judicial officers for verification.
The bench expressed unhappiness with an utility questioning the competence of judicial officers, who’ve been deployed by the Supreme Courtroom to adjudicate the SIR claims.
“Now the sport begins. We knew you folks will run away when judicial officers are appointed. HC Chief justice has instructed us 10 lakhs determined. At present morning we’re knowledgeable. Your utility is untimely and it reveals as if you do not have belief. How did you dare such functions are filed? Nobody ought to dare query the judicial officers,” CJI Surya Kant stated. Nevertheless, Guruswamy and Bandhopadhyay clarified that the appliance was not filed by them.
Expressing unhappiness with each the petitioners and the ECI, CJI stated, “A stage has come the place we’re doubting each the edges. We’re doubting the bona fides of either side.”
The bench refused to entertain two new writ petitions (Bilkis Tarafdar v. ECI, Om Prakash Shaw v. ECI) filed by individuals who claimed that they had been illegally excluded from the ultimate record. Dismissing the petitions as withdrawn, the Courtroom granted them liberty to avail the appellate cures.
Earlier developments
In January, the Courtroom had issued sure instructions to the ECI to make sure a easy and clear verification of individuals included within the ‘logical discrepancy’ record after the publication of the draft roll.
On February 9, the Courtroom issued one other set of instructions with respect to SIR in West Bengal. It directed the State to make obtainable to the Election Fee of India Group B officers for SIR duties, who can substitute the micro-observers deployed by the ECI. The Courtroom additionally clarified that remaining orders on claims and objections may be handed solely by the Electoral Registration Officers (ERO), and that the micro-observers can solely help them.
It additional directed the Director Normal of Police of the State to file a private affidavit responding to the issues raised by the ECI relating to failure to cease threats and violence towards SIR officers. The Courtroom additionally ordered that the deadline for the scrutiny of paperwork and objections be prolonged at the very least for per week from February 14, the scheduled date for publication of the ultimate record.
On February 20, given a “belief deficit” between the West Bengal authorities and the ECI, the Courtroom directed appointment of judicial officers for the adjudication of claims and objections within the SIR strategy of the state. Publication of the ultimate record of voters, as far as the method is accomplished, was allowed on the scheduled date of February 28. The Courtroom stated that the ECI can publish supplementary lists after the ultimate date. The Courtroom additionally directed the WB Director Normal of Police to file a supplementary affidavit on the steps taken on complaints relating to threats to SIR officers.
Subsequently, the Courtroom allowed judicial officers from Odisha and Jharkhand additionally to be deployed to determine the claims and objections within the SIR course of in West Bengal, in view of the inadequate variety of judges in West Bengal, to adjudicate issues in a time-bound method. It additionally allowed Civil Judges, each of Senior Division and Junior Division, having at the very least 3 years of expertise, for use for the SIR work, along with the judges within the rank of District Judges.
On February 28, the ultimate voter record of West Bengal was printed, with about 63 lakh names deleted. Over 60 lakh names had been stated to be underneath adjudication.
Case : MOSTARI BANU v. ECI W.P.(C) No. 1089/2025, DOLA SEN v. ECI W.P.(C) No. 1074/2025, BILKIS TARAFDAR AND ORS. v. ELECTION COMMISSION OF INDIA AND ANR. | W.P.(C) No. 304/2026, OM PRAKASH SHAW AND ORS. v ECI W.P.(C) No. 305/2026 and related instances.
