The Supreme Court has refused to grant interim voting rights to individuals whose names were removed during the voter roll clean-up process. The decision applies to those whose appeals are still pending before appellate tribunals. During the hearing, Trinamool Congress leader Kalyan Banerjee informed the court that around 1.6 million appeals have been filed and requested that these individuals be allowed to vote in the upcoming two-phase elections.
During the hearing, Chief Justice of India Surya Kant firmly rejected the demand, stating, “That is entirely out of the question.” He further cautioned against rushing the process, saying, “We cannot create a situation that the tribunals are bogged down and make errors and create another situation.”
The court emphasised that allowing such relief could disrupt the legal process and put undue pressure on appellate tribunals handling the cases.
Over 34 lakh appeals filed, petitioners seek relief
Senior advocate Kalyan Banerjee informed the bench that over 34 lakh appeals have been filed against deletion of names from voter lists in West Bengal. He argued that genuine voters should not be denied their right to vote and told the court, “People of Bengal are only looking towards this court… 34 lakh persons are genuine voters, people want to exercise their right to vote.”
He also suggested issuing a supplementary voter list so affected individuals could participate in the upcoming polls. While the court acknowledged the importance of voting rights, it stressed the need to maintain the integrity of the electoral process.
Justice JB Pardiwala observed, “We will try to create a via media between your right and the need for verification.”
‘Right to vote in constitutional and emotional’
At the same time, the court strongly underlined the importance of voting rights, calling it both a legal and emotional issue. The bench observed, “Voters have a continuing right to remain on election rolls. The right to remain a voter… is not only a constitutional right, but also an emotional one. We need to protect it.”
However, it added that authorities “cannot get blinded by the dust and fury of impending elections.”
Concerns over errors and massive workload
The judges also expressed concern over the scale of the revision process. Justice Bagchi pointed out that officials are handling a huge number of cases daily, which increases the chances of errors. He remarked, “If you go through 1,000 documents a day… the margin of error will be there, and we need a robust appellate forum.”
The court stressed that due process must be protected and that voters should not be caught between administrative and legal delays.
West Bengal elections
With West Bengal set to vote in two phases on April 23 and 29, the ruling comes at a critical time. While the court has not closed the door on resolving appeals, it has made it clear that last-minute interventions cannot compromise procedure.
