Supreme Court denies interim voting rights to lakhs deleted from Bengal rolls

With over 34 lakh appeals pending and polling days away, the Supreme Court faces a high-stakes dilemma, can voter rights be protected without overwhelming the system or risking errors in the electoral process?

In Short

• Over 34 lakh appeals filed against deletion of names from electoral rolls
• Court seeks balance between voter rights and verification process
• Election Commission cites rules freezing electoral rolls before polls

The Supreme Court on Monday refused to allow lakhs of voters, whose names were deleted from electoral rolls in West Bengal, to cast their ballots, warning against overburdening appellate tribunals ahead of polling. The state will vote in two phases on April 23 and 29. Names of 90.66 lakh voters were removed during the ongoing Special Intensive Revision of electoral rolls.

Hearing pleas linked to the revision of electoral rolls, the Chief Justice said, “We cannot create a situation where we burden the appellate tribunal judges. There is another plea with us today that stops the appeals.”

The court was informed that 34,35,174 appeals had been filed in West Bengal against the rejection or deletion of names from the rolls as of April 11. Petitioners argued that voters should not be left without a remedy, especially with polling scheduled for April 23.

Senior advocate Kalyan Banerjee told the bench, “People of Bengal are only looking towards this court 34 lakh persons are genuine voters people want to exercise their right to vote.”

He urged the court to ensure that as many appeals as possible are decided before polling day and suggested issuing a supplementary voter list to enable affected voters to participate.

‘IF NAMES ARE RESTORED, THEY WILL VOTE’: COURT

Even as it declined immediate relief, the bench offered clarity on the legal position. It said those whose names are included after final adjudication would be eligible to vote.

“Those names that were left out would be added to the list for the April 23 elections. Don’t worry — if their names are there, they will be voting,” the court said, referring to adjudication already carried out by judicial officers till April 9.

The bench indicated that any spillover in a handful of constituencies would be addressed through additions to the rolls once decisions are made.

COURT SEEKS BALANCE BETWEEN RIGHTS AND PROCESS

The judges signalled the need to strike a middle ground. “We will try to create a via media between your right and the need for verification,” the bench said.

Justice Joymalya Bagchi pointed out that existing rules already provide for corrections once appeals are decided, with electoral registration officers required to amend rolls accordingly.

‘WHAT SHOULD THE COURT DO?’: BENCH QUESTIONS PETITIONERS

With petitioners claiming that even adjudicating 16 lakh appeals would be difficult before polling, the bench pushed back.

“If that’s the scenario then what should the court do?” the Chief Justice asked, even remarking, “Those who have been allowed, should we even stay the names included,” indicating concerns that continuous objections could disrupt the election process itself.

EC FLAGS LEGAL FRAMEWORK, CONCERNS OVER LAW AND ORDER

The Election Commission maintained that finalisation of electoral rolls for elections follows a different legal framework from revision exercises, limiting last-minute changes.

Separately, senior advocate V Giri urged close monitoring of vulnerable areas flagged by the poll body to prevent any post-poll violence.

With polling approaching, the court now faces the task of balancing voter rights with procedural integrity in one of the largest electoral disputes in recent times.

- Ends