Can file fresh pleas related to victory margin being less than deletion of votes in SIR: Supreme Court to Mamata Banerjee, others

Senior advocate Kalyan Banerjee appearing for TMC told the court that in one constituency a candidate had lost by 862 votes while 5,432 names were removed for adjudication.

West Bengal SIR Hearing LIVE: The Supreme Court on Monday told the All India Trinamool Congress (TMC) that they can file fresh pleas over their claim that the victory margins in the West Bengal elections 2026 was less than the deletion of votes in SIR in various constituencies. This comes after senior advocate Kalyan Banerjee appearing for TMC told the court that the winning margin over TMC was less than the number of persons deleted in the SIR adjudication process. He alleged that in 31 seats, victory margins were less than the number of votes deleted.

Arguments: Banerjee submitted that he had prepared a chart showing that in 31 seats, the number of voters deleted exceeded the margin of defeat. Responding to the submissions, Chief Justice of India Surya Kant observed that whatever interlocutory application (IA) the parties wished to file could be filed. Justice Joymalya Bagchi told Banerjee that whatever submissions were sought to be made regarding election results allegedly materially affected by deletions under adjudication would require an independent IA to be filed.

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“Mr. Bandopadhyay. Whatever you want to speak say about, as you say, with regard to results which may have materially affected because of the deletions which are under adjudication, that requires an independent IA to be taken on,” Justice Bagchi said.

Senior advocate DS Naidu appearing on behalf of the election commission of India argued that the party can file an election petition if they had a grievance as far as elections are concerned. He further contended that, “If there are any lapses in SIR they could as well bring to your lordships notice, we will answer them”.

Banerjee also informed the court that former Chief Justice of Calcutta High Court T S Sivagnanam had resigned. To this, the CJI remarked, “What can we do? We can’t compel a judge to work.”

Previous hearing: On the last date of hearing, the Chief Justice of India Surya Kant remarked that, as a citizen, he was very happy to see the percentage of voting, observing that people in the country need to participate in the democratic process. The CJI added that when people realise their power in a democracy through the power of the vote and follow the rule of law, they do not indulge in violence. “People realise their power in a democracy their power of vote and they follow the rule of law…then they don’t indulge in violence,” CJI said.

Live Updates
May 11, 2026 02:55 PM IST
West Bengal SIR Hearing Live Updates: Mamata Banerjee, others can file fresh pleas related to victory margin being less than voter deletion

Former West Bengal CM Mamata Banerjee, others can file fresh pleas related to victory margin being less than deletion of votes in SIR: SC.

May 11, 2026 02:12 PM IST
West Bengal SIR Hearing Live Updates: Bench's observations

Banerjee: Pass an order that this will be the ground in the election petition. This will be the ground in the election petition.

CJI: How can we?

Justice Bagchi: Subsequent event you are at liberty to take out appropriate IA applications. The opposition that Mr Naidu may have would come as a counter either to its maintainability or its factual incorrectness. We will look into it and we will pass appropriate orders. With regard to other compelling issues of pending appeals it will require to get a report from the honourable CJ of high court and take stock as to how and in what timelines they can be resolved.

Naidu: Precisely that's all we have been looking forward to.

CJI: This is what we are indicating.

May 11, 2026 02:10 PM IST
West Bengal SIR Hearing Live Updates: CJI's observations

CJI: We can only improve the further mechanism for adjudication of the appeals, rest whatever is to be done you are fully aware.

Banerjee: Loss of margin 32 lakhs and appeals pending 35 lakhs.

CJI: Therefore, appeals have to be decided in a...manner.

Banerjee: Ex-chief Justice Sivagnanam has resigned.

CJI: What can we do? We can't compel a judge to work.

Senior advocate Menaka Guruswamy: There is a sense that it will now take 4 years to adjudicate

CJI: We will find out. Former judges are not readily available everywhere

Senior advocate DS Naidu: Even we have come across news reports honble chaired person of a particular tribunal has resigned on personal grounds that be a subject matter before your lordships. If they have any grievance let them put in writing.

Banerjee: Every year, an election is held either in the corporation, municipality or panchayat levels then the parliament. Next year, corporation then panchayat then parliament.

CJI: We have to find a mechanism for that.

Naidu: The law is clear on that aspect. If they have a grievance their remedy could be election petition as far as elections are concerned. If there are any lapses in SIR they could as well bring to your lordships notice, we will answer them.

May 11, 2026 02:06 PM IST
West Bengal SIR Hearing Live Updates: Senior advocate Kalyan Banerjee

Senior advocate Kalyan Banerjee begins submissions

Banerjee: I have made a chart. 31 seats while total case deleted under adjudication and loss margin is less than that. There are cases almost same or 500-600. These are cases. Your lordships have indicated that if this comes in your lordships will look into it. If your lordships may allow, I will hand it over.

CJI: Bench: Whatever, IA you want to file, you file. We will also get meanwhile some information

Justice Bagchi: Mr. Bandopadhyay. Whatever you want to speak say about, as you say, with regard to results which may have materially affected because of the deletions which are under adjudication, that requires an independent IA to be taken on.

Banerjee: I just tell your lordships. 862 votes my candidate has lost, 5432 votes under adjudication.

May 11, 2026 02:06 PM IST
West Bengal SIR Hearing Live Updates: Hearing begins

Hearing begins

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