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The Supreme Court of India on Friday refused to entertain a plea filed by around 65 election duty officers from West Bengal who alleged that their names were deleted from electoral rolls following the Special Intensive Revision (SIR) exercise.
A bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and Vipul Pancholi, directed the petitioners to first seek a remedy before the Appellate Tribunals set up to address disputes arising from the SIR process.
The plea, filed by Md Tohidul Islam and others, argued that many of the petitioners had their names ‘arbitrarily and erroneously’ removed from the final electoral roll. They had been appointed as Presiding Officers and First Polling Officers for the West Bengal Assembly Elections 2026.
This, they contended, violated their constitutional right to vote under Article 326.
The petition said the officers were deployed under the Representation of the People Act, 1951. It added that they were eligible to vote through postal ballots under Rule 18A of the Conduct of Election Rules, 1961.
Deletion from the rolls rendered them ineligible for this facility, resulting in complete disenfranchisement.
The apex court declined to exercise its writ jurisdiction. It said the petitioners must present their case before the designated tribunals. These tribunals are already in place to adjudicate such disputes.
The bench stated that these arguments should be made before the appellate forum for appropriate consideration.
The court also reiterated its earlier position on voting rights. It said individuals excluded from revised electoral rolls can vote only if their appeals are allowed within the prescribed timeline.
The bench further added that pending appeals do not automatically grant voting rights, and directed the Election Commission of India to issue supplementary electoral rolls ahead of polling.
Background and Election Timeline
The issue is part of a broader set of petitions related to the SIR exercise in West Bengal. Polling began on April 23. The second phase is scheduled for April 29.
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