Supreme Court Refuses To Act On Voter Deletion Claims Affecting West Bengal Election Results

Supreme Court stays premature release of 1993 Bowbazar blast convict Md. Rashid Khan in appeal filed by West Bengal.
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Supreme Court stayed the Delhi High Court's order directing the premature release of 1993 Bowbazar blast convict Md. Rashid Khan after West Bengal challenged the decision

Court was told today that one candidate lost by 862 votes in a constituency where over 5432 persons were removed from the electoral rolls for adjudication.

The Supreme Court today refused to act on claims made before over deletion of voters in the Special Intensive Revision (SIR) of the electoral rolls affecting the results in certain assembly constituencies in West Bengal.

Senior Advocate Kalyan Banerjee, appearing for All India Trinamool Congress members, submitted before a bench comprising Chief Justice of India Surya Kant and Justice Joymlaya Bagchi that in 31 constituencies, the winning margin of the Bharatiya Janata Party over the AITC was less than the number of persons deleted in the SIR adjudication process.

Justice Bagchi told Banerjee that an Interlocutory Application may be filed. "Whatever you want to say about results...which may have been materially affected because of deletions which are under adjudication...that requires an independent IA," Justice Bagchi said. CJI Kant also added, "We can only improve adjudication of appeals.."

Senior Advocate DM Naidu, appearing for the Election Commission of India argued that an election petition may be filed by the members on lapses in SIR.

Recently, Supreme Court had applauded the record percentage of voting in the first phase of West Bengal assembly elections. A CJI Surya Kant led bench was hearing the petitions pertaining to the West Bengal SIR which was informed that the state witnessed 92% voting.

Court today also took up the issue of investigation into incidents where judicial officers on SIR duty being gheraoed in Malda. ASG SV Raju told the bench today that the chargesheet would be filed on the next date. This prompted the CJI to order that investigation in the case be completed within 2 months.

The bench had earlier questioned the political background of those who took part in the incidents of attack on judicial officers on SIR duty. CJI had observed, "In the next phase, we would like to know is there any political background of these persons specified. This is not an academic exercise. Will take it to logical conclusion."

On April 2, after serious incidents occurred in Malda where judicial officers were allegedly attacked and held hostage during electoral roll revision work, the Chief Justice of India had called West Bengal a highly polarized state. "Unfortunately in West Bengal each one speaks political language and this is the most polarized state. You are forcing us to make observations. Do you think we are not aware of who the miscreants are..", CJI Surya Kant noted today while issuing directions after the incidents of violence occurred in West Bengal.

The Supreme Court had expressed concern over the safety of officials and the rising political tensions in the state, indicating that such incidents could undermine the rule of law. Slamming the state government over their non-responsive attitude, the CJI had said, "I don't want to politicize it. But we got reports since 2 am. At 5 pm they gheraoed the officers and till 11 pm there was no one". Supreme Court has said the incident is a brazen attempt not only to browbeat judicial officers but also challenges authority of this court. It said this was not a routine incident but appeared to be calculated, motivated move to demoralize the judicial officers and stop the ongoing process. "We will not allow anyone to interfere and take law in their hands in order to create psychological attack on mind of judicial officers. This is also an abdication of duty by West Bengal government and the officers need to furnish reasons why even after being informed they did not ensure safe evacuation of the judicial officers", the court recorded.

Case Title: IN RE: SAFETY AND SECURITY OF JUDICIAL OFFICERS DEPUTED FOR WORK RELATING TO SIR OF ELECTORAL ROLLS IN THE STATE OF WEST BENGAL AND ANCILLARY ISSUES Vs

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

Hearing Date: April 24, 2026

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