Supreme Court Declines Direct Relief to WB Poll Officers; Directs “Voteless” Petitioners to Appellate Tribunals

“Voteless” West Bengal Poll Officers (Picture source: Sangbad Pratidin)

NEW DELHI — In a significant development ahead of the ongoing West Bengal Assembly elections, the Supreme Court of India on Friday refused to directly hear petitions filed by several people — including 65 poll officers — whose names were allegedly removed from the voter list during West Bengal’s Special Intensive Revision (SIR) process.

A three-judge bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and Vipul Pancholi, said that the affected individuals should first seek relief through the designated Appellate Tribunals set up to deal with such disputes.

Poll Officers are conducting elections but are unable to vote

During the hearing, Senior Advocate M.R. Shamshad, stated to the court that it is deeply ironic that 65 of those whose names are deleted are helping others cast their votes while being denied the right to vote themselves.

The counsel submitted that the official duty orders issued to these officers initially included their Electoral Photo Identity Card (EPIC) numbers. However, during the SIR process, these names were deleted from the rolls, rendering the EPIC numbers invalid. Shamshad argued that there was “ex-facie arbitrariness” in the deletions, claiming that the names were removed without any prior show-cause notice or opportunity for the affected individuals to be heard.  

While the bench acknowledged the gravity of the situation, it maintained that the appropriate remedy lay with the judicial tribunals already in place. Justice Bagchi remarked that while the immediate concern of voting in the current phases was understood, the “more valuable right to remain on the rolls” is a matter the court would continue to examine.  

Tribunal Hurdles and Judicial Oversight

The West Bengal Assembly elections saw a record of 92.88% voter turnout in the first phase held on Thursday. The legal battle comes during this high-stakes phase, despite the high participation, the deletion of names remains a contentious issue.

In response, the Supreme Court allowed the petitioners to approach the Chief Justice of the Calcutta High Court on the administrative side to address delays and procedural issues.The bench reiterated its previous directive that the Tribunals should accord “out-of-turn” hearings to those who can demonstrate urgency, particularly in light of the ongoing polling schedule.  

The court disposed of the matter for now, making it clear that the Appellate Tribunals — functioning under retired High Court judges — remain the main bodies empowered to restore names to the voter list.

The second phase of polling in West Bengal is scheduled for April 29.