'Trust Deficit between ECI and WB govt': Supreme Court asks judicial officers to assist in SIR

In a drastic turn of events, the Supreme Court has directed for judicial officers to assist in the ongoing Special Intensive Revision of Electoral Rolls in West Bengal. Court reiterated that the SIR process should go on smoothly without any hindrances.

Noting that there is an unfortunate trust deficit between two constitutional functionaries, the West Bengal government and the Election Commission of India, the CJI Surya Kant led bench ordered, "The SIR process is stuck at the stage of claims and objections of the persons who have been included in the logical discrepancy list. Most of the persons to whom notices were issued have submitted their documents in support of their claim for inclusion in the voter list. These claims are required to be adjudicated in a quasi judicial process by the EROs. We are hardly left with any other option but to request Chief Justice of Calcutta High Court to spare some serving judicial officers along with some former judicial officers in the rank of ADJ or District judges who can in each district aid in disposing or revisiting the claims under the logical discrepancy list. Each officer shall be assisted by the ECI and officials of state government deputed to assist in the duty. Due to extraordinary circumstance the request of these officers serving is also extraordinary. This will also impact pending court cases. Chief justice along with committee of judges, registrar general, and principal district judges shall take a call to shift interim relief cases to an alternate court for a week or 10 days."

To further strengthen the hands of the Election Commission and ensure that the SIR process goes on smoothly without any hindrance, the bench has said, "DGP and the Collector shall be under deemed deputation to ensure compliance with the directions which shall be issued from time to time. Direction issued by the judicial officer shall be the direction of this court and the state government shall follow it forthwith to ensure compliance with the process. Since the modality will have to be tuned at the High Court' end, we direct State Election Commissioner, ECI officer, Chief Secretary, DGP, and in the presence of ASG, AAG shall hold a meeting with the Chief Justice tomorrow. They shall put up respective proposal as to how to remove the stalemate and complete the process. The mechanism to be followed will be as per the CJ and our anxiety is work commences and it wraps up smoothly."

Stressing upon the sensitivity of the SIR process, CJI Kant today came down heavily on the West Bengal government, "If this is the level of communication from the state, For Feb 9th order you have responded on Feb 17th..You are saying state government in EXAMINING the officers? We are disappointed to see this..we thought you will cooperate."

Notably, on February 9, the Supreme Court had sent a strong signal backing the Election Commission of India’s Special Intensive Revision (SIR) of electoral rolls in West Bengal, while firmly cautioning the state government against any obstruction in the process.

CJI Surya Kant had then made it clear that the court would not permit impediments to the SIR exercise, which is currently underway in the state ahead of the 2026 Assembly elections. “Whatever orders or clarifications are required, we will issue. But we will not allow any impediment to the SIR process. This must be understood,” the Chief Justice had said.

The observations came while the court was hearing a batch of petitions challenging the SIR process in West Bengal, including a petition filed by Chief Minister Mamata Banerjee. The state government has questioned the manner in which the voter roll revision is being carried out, raising concerns over potential deletions and the deployment of micro-observers.

The Bench had asked the West Bengal government to extend full cooperation to the Election Commission and questioned delays in providing manpower requested by the poll body. The court specifically flagged the timing and manner in which the state had communicated the availability of officers for the exercise, indicating dissatisfaction with the response.

Serious allegations were recently placed on record by the Election Commission earlier this month. In an affidavit filed on February 6, the ECI informed the Supreme Court that the SIR process in West Bengal had been hampered by lack of cooperation from the state administration, including the police, and by instances of intimidation and obstruction faced by election officials on the ground.

The Election Commission alleged that despite repeated requests, adequate officers were not provided by the state government, compelling the Commission to deploy micro-observers from outside the state as a safeguard. According to the ECI, this step was taken solely to ensure the integrity of the revision exercise and to prevent the exclusion of eligible voters. The affidavit also referred to reports from electoral observers documenting incidents of violence, obstruction, and damage to official vehicles during SIR-related field visits in parts of the state. The Commission asserted that such incidents created an atmosphere of fear and directly interfered with statutory duties being performed under the Constitution and electoral law.

Supreme Court has repeatedly emphasised that the Election Commission is constitutionally empowered to conduct voter roll revisions and that such exercises were fundamental to maintaining the integrity of elections. While the court clarified that it would issue appropriate directions and safeguards where necessary, it underlined that halting or obstructing the SIR process was not an option.

Notably, Chief Minister Mamata Banerjee also appeared in person before Court recently. She had alleged that the SIR was not an addition exercise but effectively a deletion exercise. Banerjee alleged that people frequently change residences due to marriage or employment and that women often change their names after marriage, leading to discrepancies in identity documents. She accused the ECI of targeting opposition-ruled states, including West Bengal, on the eve of elections.

Case Title: Mostari Bapu v. Election Commission of India & Anr. (with connected matters)

Bench: Chief Justice of India Surya Kant, Justice Joymalya Bagchi, Justice Vipul M Pancholi

Date of Hearing: February 20, 2026