Supreme Court Seeks ECI Reply on Tamil Nadu, West Bengal Electoral Roll Revision Pleas

The Bench of Justice Surya Kant and Justice Joymalya Bagchi was hearing multiple petitions, including those filed by DMK Organising Secretary R.S. Bharathi and West Bengal Pradesh Congress Committee, who have questioned the legality and fairness of the ongoing revision process.

Appearing for the Election Commission, Senior Advocate Rakesh Dwivedi informed the bench that no notice had been issued to the ECI in the Tamil Nadu and West Bengal matters. “We have not been issued notice in these pleas,” he said.

Senior Advocate Kapil Sibal, representing DMK’s R.S. Bharathi, argued that the process of revision in Tamil Nadu had deviated from the prescribed guidelines. “There is a departure from the SIR, no documents are to be collected from electors during the enumeration phase,” Sibal contended.

Pointing to technological challenges, Sibal added, “There is no 5G network in many areas. People cannot connect. Where are you going to upload all these things?” He also highlighted similar difficulties in West Bengal, remarking that connectivity issues there are even worse.

Justice Kant, responding to the submissions, observed, “Why are you people so apprehensive? They will do…,” adding that one deficiency in the process appeared to have been rectified.

Dwivedi, for the ECI, remarked wryly, “Surprisingly, all States are competing to show how backward they are instead of showing they are developing.”

The Court then issued notice in all six petitions, directing the Election Commission to file its response within two weeks. “There are questions of fact and perhaps some legal issue,” Justice Kant noted.

The matter will next be heard on November 26.

The Communist Party of India (Marxist) has also approached the Supreme Court challenging the constitutional validity of the Special Intensive Revision (SIR) in Tamil Nadu. The petition filed by Secretary of the CPI(M) Tamil Nadu State Committee, P. Shanmugam, seeks to quash the ECI's order dated 27 October 2025, which has mandated completion of the SIR exercise within a month.

Notably, on November 7, the Supreme Court had also agreed to hear a plea filed by the Dravida Munnetra Kazhagam (DMK) challenging the Special Intensive Revision (SIR) of electoral rolls ordered by the Election Commission of India (ECI) in Tamil Nadu. The matter is slated for hearing on Tuesday, i.e. November 11. It was mentioned before a bench led by CJI BR Gavai.

The order of ECI dated October 27, 2025 has directed for an SIR to be conducted in various States and Union Territories such as the Andaman and Nicobar Islands, Chhattisgarh, Goa, Gujarat, Kerala, Lakshadweep, Madhya Pradesh, Puducherry, Rajasthan, Uttar Pradesh, West Bengal and the State of Tamil Nadu.

The SIR orders based on the order and guidelines issued on 24.06.2025 of the Election Commission of India if not set aside, can arbitrarily and without due process disenfranchise lakhs of voters from electing their representatives, thereby disrupting free and fair elections and democracy in the country, which are part of the basic structure of the Constitution, Supreme Court had been told.

"The documentation requirements of the directive, lack of due process as well as the unreasonably short timeline for the said Special Intensive Revision of Electoral Roll in the State of Tamil Nadu further make this exercise bound to result in removal of names of lakhs of genuine voters from electoral rolls leading to their disenfranchisement", the petition added.

Filed by RS Bharathi, Organizing Secretary, Dravida Munnetra Kazgham (DMK), the petition argued that the timeline for the SIR is also unrealistic and arbitrary with Booth Level Officers having to conduct house to house enumeration, being required to repeatedly follow up with persons not available, help people fill up their forms, and make recommendations over a span of two months.

The West Bengal Pradesh Congress Committee (WBPCC), TMC MPs Dola Sen and Mala Roy have also approached the Supreme Court seeking relief against the ongoing Special Intensive Revision (SIR) of electoral rolls in the state.