Bengal SIR: Those excluded can vote if tribunal clears, say SC

New Delhi: The Supreme Court of India has directed the Election Commission of India to publish a supplementary electoral roll in West Bengal, allowing the inclusion of voters whose appeals against deletion have been accepted by appellate tribunals, Live Law reported.

The order, passed on Monday and made public on Thursday, comes ahead of the state Assembly elections and aims to ensure that eligible voters are not excluded from the process. A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi specified clear deadlines for inclusion. Voters whose appeals are cleared by April 21 will be eligible to vote in the first phase of polling on April 23. Those whose appeals are accepted by April 27 will be included in the rolls for the second phase scheduled for April 29. Vote counting is set for May 4.

The court also directed that all decisions taken by tribunals on voter inclusion or deletion within these deadlines must be reflected in the final electoral rolls. However, it clarified that merely filing an appeal against exclusion does not grant the right to vote.

The bench was hearing a plea seeking voting rights for individuals whose appeals are still pending. It dismissed the request, maintaining that persons with unresolved appeals cannot be permitted to vote, though they may continue to pursue their cases before the tribunals. The court noted that more than 34 lakh such appeals remain pending.

The Election Commission had frozen the electoral rolls for the first phase on April 9. Earlier, on February 28, it had published the final rolls, excluding over 61 lakh voters. However, the revision process has continued, with nearly 60 lakh cases still under scrutiny and multiple supplementary lists already issued to include additional eligible voters.