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'EROs’ Sole Authority Over Voter Eligibility Decisions': EC Tells Supreme Court

<p>Election Commission clarifies EROs alone decide voter eligibility, not micro observers.</p>

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The Election Commission has clarified that only Electoral Registration Officers (EROs) have the statutory authority to accept or reject the eligibility of electors during the Special Intensive Revision (SIR) of electoral rolls.

Micro observers, who are deputed to assist in the process, do not possess any statutory powers to make such decisions. This clarification was issued in response to concerns raised about the roles and responsibilities of micro observers during the ongoing revision of electoral rolls in West Bengal.

According to The Indian Express, the Election Commission submitted an affidavit to the Supreme Court on 4 February 2026, stating that micro observers are appointed solely to facilitate the work of EROs and do not have the authority to add or delete names from the electoral rolls. The affidavit was filed in response to a petition by Trinamool Congress Member of Parliament Dola Sen, who questioned the deployment of micro observers in West Bengal.

The Election Commission’s affidavit emphasised that micro observers, who are Central government or Public Sector Undertaking officers on deputation, operate under the control of the Chief Electoral Officer of West Bengal. Their functions are described as “purely facilitative,” and the final decision regarding the acceptance or rejection of an elector’s eligibility remains exclusively with the ERO. Coverage revealed that the Commission rejected claims that statutory powers had been vested in micro observers.

During the Supreme Court proceedings, West Bengal Chief Minister Mamata Banerjee, also a petitioner, argued that the state was being targeted due to the appointment of 8,100 Central government employees as micro observers. However, the Election Commission clarified that micro observers had not been appointed in the other eight states and three Union Territories where the SIR was also underway. Analysis showed that the micro observers’ role is limited to checking documents submitted by electors and assisting EROs in the verification process.

The Commission further stated that, under the Representation of the People Act, 1950, only EROs or Assistant EROs of an Assembly constituency are empowered to add or delete names from the electoral rolls. The affidavit also addressed concerns about the validity of certain documents, noting that family registers maintained at Anganwadi centres cannot be accepted as valid proof of eligibility for the SIR. The Commission reiterated that the appointment of micro observers from public sector organisations does not affect their competence to assist in the process, but does not grant them decision-making authority. Reporting indicated that the final authority for all decisions regarding voter eligibility rests with the ERO.

“Their functions are purely facilitative, and the final decision qua acceptance or rejection of eligibility of any elector remains with the ERO,” the Election Commission stated in its affidavit.

In summary, the Election Commission’s position is that micro observers are present to support the EROs in the verification process, but do not have the power to make or overturn decisions regarding the inclusion or exclusion of names from the electoral rolls. The clarification aims to address concerns about the integrity and transparency of the electoral roll revision process, particularly in states where the deployment of micro observers has been questioned. The Commission’s instructions to the Chief Electoral Officer of West Bengal, issued on 19 December 2025, specify the limited and supportive role of micro observers in the SIR process. The legal framework and operational guidelines remain clear that EROs are the sole statutory authority for determining voter eligibility as details emerged.

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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.

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