Bengal SIR: SC refuses to defer voter roll freeze despite 20L exclusions

Kolkata: The Supreme Court of India on Monday was told that about 45 per cent of nearly 40 lakh cases examined during the Special Intensive Revision (SIR) of electoral rolls in West Bengal have resulted in exclusion after adjudication by judicial officers, even as the court refused to extend the freezing of the voter list ahead of elections.

A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi was informed by the Chief Justice of the Calcutta High Court, Sujoy Paul, that 59.15 lakh cases had been decided out of 60.06 lakh, leaving around 26,000 pending, with the process set to conclude the same day.

Senior Advocate Shyam Divan said data of about 40 lakh cases shows an inclusion rate of 55 per cent (around 24 lakh), while roughly 45 per cent—about 20 lakh—were excluded. He added that around seven lakh appeals have been filed, with several lakh more expected, even as appellate tribunals are yet to be fully operational.

Divan urged publication of a supplementary roll after appeals. Senior Advocate Kapil Sibal sought interim protection for those wrongly excluded, but the court declined both requests and refused to set any deadline for appellate tribunals.

Justice Bagchi said the rolls must be frozen ahead of elections, cautioning that timelines for tribunals handling lakhs of appeals could create “chaos”. The electoral roll for the first phase polling will freeze on April 6, and for the second phase on April 9. The court noted that 19 appellate tribunals, comprising former chief justices and judges, are in place and left procedural aspects to them. It directed the Chief Justice of the High Court to form a three-member panel of former senior judges to ensure uniform procedure.

The Bench flagged issues, including delays in real-time e-signature uploads and improper document uploads, noting all eight lakh objections in Malda had been cleared. It directed the portal be kept open till April 7 for e-signatures.

It said grievances, such as the absence of reasons for rejection, can be raised before tribunals, which will examine records independently. A plea by Senior Advocate Kalyan Bandopadhyay to allow those cleared by April 21 to vote was declined.

The court also directed that receipts be issued for physical appeals by district magistrates and sub-divisional officers.

On honorarium, it asked the Chief Justice to collect bank details of former judges heading tribunals and ensure timely payment.

The next hearing is scheduled on April 13. Meanwhile, the court was told that an 88-year-old grandson of painter Nandalal Bose was excluded from the rolls. Senior Advocate Jaideep Gupta raised the issue, after which the tribunal was asked to decide it expeditiously.