SC Warns West Bengal Against Delays, Extends Electoral Roll SIR Deadline

The Supreme Court on Monday cautioned the West Bengal government against creating any impediments in the completion of the Special Intensive Revision (SIR) of electoral rolls, while assuring that genuine procedural difficulties would be addressed. The top court also extended the deadline for scrutiny of applications and finalisation of SIR data in the state by one week, underscoring that the revision exercise must proceed without disruption.

Making its position clear, a bench led by Chief Justice of India Surya Kant said the court would remove hurdles but would not allow any delay in the completion of the SIR process. “We will remove hurdles, but we will not create any impediments in the completion of SIR. Let us be very clear about it,” the CJI observed, adding that the exercise must continue as scheduled.

The bench, which also included Justices Joymalya Bagchi and NV Anjaria, was hearing petitions related to concerns raised by the West Bengal government and the Election Commission of India (ECI) over the conduct of the SIR.

Senior advocate DS Naidu, appearing for the ECI, flagged serious issues regarding the appointment of Electoral Registration Officers (EROs). He submitted that EROs discharge quasi-judicial functions and therefore require adequate adjudicatory experience. While the ECI had sought around 300 Group B officers, Naidu said only 64 such officers with relevant experience were provided, with the rest appointed merely on pay parity. He argued that officers like engineers were not suitably equipped to decide matters under the SIR, which are subject to appellate scrutiny.

Concerns were also raised over the role of micro observers. Senior advocate Shyam Divan cautioned against large-scale deletion of voter names through micro observers, warning that such a process could lead to mass exclusion. Highlighting the urgency of the matter, Divan pointed out that the SIR is scheduled to conclude on February 14, the same day the final electoral roll is to be published.

Divan informed the court that the draft electoral roll includes 7.08 crore voters, of which 6.75 crore have been mapped, while around 32 lakh remain unmapped. He further said that 1.36 crore voters have been placed under the “logical discrepancy” category, noting that more than half of these discrepancies arise from minor variations in surnames such as “Dutta” and “Datta” or “Roy” and “Ray”.

Responding to these submissions, the CJI clarified that micro observers form part of a support mechanism and that final decisions rest with EROs and Assistant EROs. The court said it would assess the outcome of the verification exercise, noting that if a substantial number of notices are eventually dropped, concerns about minor discrepancies would remain valid.

Appearing for the West Bengal government, senior advocate Abhishek Manu Singhvi criticised the deputation of micro observers from outside the state, arguing that many lacked familiarity with local culture and conditions. He submitted that the state had already deployed a large trained workforce, including over 80,000 Booth Level Officers and thousands of Group B officers, to assist in the SIR.

The court also took note of procedural lapses in the deputation of officers, with the CJI stressing that complete details and proper nomenclature were necessary for effective coordination with district authorities. He added that similar directions had been issued earlier in a Bihar-related case, indicating consistency in the court’s approach.

Interim Directions Issued by the Supreme Court

To enhance transparency and streamline the process, the Supreme Court issued interim directions. The West Bengal government was directed to ensure that all 8,555 Group B officers whose list was submitted report to their respective District Election Officers by 5 pm.

The court authorised the ECI to replace existing EROs or Assistant EROs or to utilise these officers, if found suitable, after a brief scrutiny of their biodata. It said that selected officers could be given one or two days’ training to function as micro observers, strictly in an assisting role, with final authority resting solely with the EROs.

The bench also directed the West Bengal Director General of Police to file a personal affidavit responding to allegations of police inaction during incidents of violence and the burning of Form 7s.

What Mamata Banerjee Sought

West Bengal Chief Minister Mamata Banerjee questioned the manner in which the SIR was being conducted, particularly objecting to official instructions being issued via WhatsApp. The state demanded that all directions be issued on official letterhead, carry memo numbers and dates, and be uploaded on the ECI website. Banerjee has repeatedly referred to the poll body as a “WhatsApp Commission”, raising concerns over transparency and legality.

The state also sought the removal of micro observers from the process, proposing instead a panel of 8,505 Group B officers. It urged that decisions taken by micro observers be annulled in case of disagreement, with final authority resting with statutory officers. Alternatively, objections raised by micro observers should be referred back to EROs or Assistant EROs.

Additionally, the Trinamool Congress warned against deletion of voters over minor name mismatches, sought acceptance of residence certificates earlier rejected, and requested that house allotment sanction letters be treated as valid proof, as had been done in Bihar.

On February 4, Banerjee became the first serving chief minister to argue personally before the Supreme Court, alleging that West Bengal was being targeted and urging the court to intervene to “save democracy”. The Supreme Court subsequently issued notices to the ECI and the state’s chief electoral officer, seeking their responses by February 9.