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The Supreme Court of India has ruled that individuals in West Bengal whose appeals against exclusion from the electoral rolls are still pending will not be permitted to vote in the 2026 Assembly elections. The decision affects over 34 lakh people who have challenged their omission from the voter list through the Special Intensive Revision (SIR) process. The Court clarified that only those whose appeals are resolved and accepted by the cut-off date will be included in the final electoral roll for the upcoming polls.
According to Bar and Bench, the Bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi stated that allowing those with pending appeals to vote would place an undue burden on appellate tribunal judges. The Court emphasised that the adjudication process must be completed by the specified deadline, and only successful appellants will be reinstated as voters for the 2026 elections.
As highlighted by Live Law, Justice Bagchi raised concerns about the potential impact on election outcomes if a significant portion of the electorate is excluded. He noted the need for a robust appellate mechanism, especially given the high volume of documents and tight deadlines faced by judicial officers. The Court also discussed the deviation in West Bengal’s SIR process compared to other states, particularly regarding the treatment of voters mapped in the 2002 electoral roll.
Analysis showed that the Supreme Court will not interfere with poll results unless the number of excluded voters exceeds the winning margin. Justice Bagchi remarked that unless there is an “enormous amount of voters excluded,” the results stand. He also acknowledged the challenges faced by judicial officers, stating, “If you go through 1000 documents a day, if accuracy is 70 percent then the activity should be rated as excellent.”
The issue of voter exclusion has heightened anxieties in districts like Murshidabad, where many residents fear being marked as outsiders. Reporting indicated that some individuals, previously removed from the rolls and even deported, have had to undergo multiple hearings and provide extensive documentation to prove their citizenship and regain their voting rights.
“Right to vote in a country you were born is not only constitutional but sentimental. It is like you are a part of democracy and help in electing a government,” Justice Bagchi stated during the proceedings.
In the context of the ongoing Assembly elections, coverage revealed that the Election Commission has appointed special observers and deployed central forces to ensure the integrity of the electoral process. The revised rolls and the exclusion of a large number of voters have become central issues in the political discourse, with parties and candidates addressing concerns about identity and inclusion.
At the end of the hearing, further developments included the Supreme Court issuing notice to the Election Commission of India on a separate plea seeking biometric and facial recognition for voter identification, though the Court clarified that such measures would not apply to the current elections due to the need for regulatory changes and financial considerations.
“We appreciate the zeal and enthusiasm of judicial officers. We have no reason to doubt that former chief Justices and judges [appellate tribunals] will continue the work to uphold the process of due process,” the Supreme Court order stated.
Note: This article is produced using AI-assisted tools and is based on publicly available information. It has been reviewed by The Quint's editorial team before publishing.