A bench headed by Chief Justice Surya Kant was hearing petitions from voters whose names had been removed from the rolls and whose appeals are pending before the Appellate Tribunal.
‘Margin of error’ concerns in large-scale exercises
Judge Bagchi noted the scale and pressure of the exercise, noting that judicial officers responsible for adjudicating SIRs handle more than 1,000 documents daily. According to Live Law, he said: “If the accuracy rate is 70%, then the activity should be rated as excellent… There is always a certain margin of error.”He warned that such errors could have electoral consequences, noting that if a large percentage of voters were left out in a tight race, “we certainly have to proceed with caution.” He added, “The right to vote … is not just constitutional, it’s emotional.”He also made a direct reference to the Bihar SIR process, stating that the Election Commission had earlier taken a “clear” stand that voters listed in the 2002 electoral rolls did not need to submit additional documents. Questioning the deviation in West Bengal, Justice Baj remarked, “Please refer to your written submission in the Bihar case…you had said that voters in 2002 did not need to furnish documents” and observed that the poll body now seemed to be “improvising” its position.The bench further highlighted that the introduction of a new “logical difference” category in West Bengal (which is not available in other states) raised concerns about the inconsistency of the revision process and its potential impact on voters.
Court refuses relief, sends petitioners to court
Despite concerns, the justices declined to extend the April 9 deadline to freeze the electoral rolls and refused to entertain the request. “We will not consider the situation. It would be better to pursue it (before the AT),” the Chief Justice said, stressing that the Court of Appeal must decide the case.The court also warned against questioning the integrity of judicial officers, with the CJI saying they had done a “commendable job”.The petitioners argued that they were valid voters listed in the 2002 rolls and had documents such as Aadhaar and passports, but their appeal was not heard in time.During the hearing, the court also stressed that the process must not become a “blame game” between the state and the electoral commission, with Judge Bache saying voters were “caught between two constitutional authorities”. He stressed that the Court of Appeal must adopt an “inclusive principle” when deciding cases.
Large-scale drills before voting
The SIR process, which takes place ahead of the West Bengal Assembly elections, has resulted in more than 2.7 million people being removed following the verdict. Nineteen tribunals are currently tasked with hearing more than one hundred thousand appeals, underscoring the scale of the challenge.The court also noted that there could be as many as 25 to 3.5 million appeals to decide, underscoring the logistical burden on the courts and the urgency of ensuring due process is followed in time-bound election campaigns.While dealing with the plea, the court clarified that if the petitioners succeed in court, “necessary consequences will follow” while reserving the appellate remedy.