The Supreme Court on Friday agreed to hear a fresh petition challenging the Election Commission’s decision to freeze the electoral rolls for the upcoming West Bengal Assembly elections. A bench led by Chief Justice Surya Kant scheduled the matter for April 13, just days before the state begins its two-phase polling process.
The urgent plea was brought before a bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M. Pancholi. A lawyer representing the petitioners argued that many individuals remain excluded from the voters’ list despite pending appeals against their deletions.
The Election Commission (EC) officially froze and finalized the rolls on April 9 for the first stage of the elections. This “freezing” effectively prevents any person whose name was previously deleted from being reinstated or added back to the rolls for the current election cycle.
The petitioners contend that while their appeals are pending, the EC’s deadline has cut off their opportunity to participate in the democratic process.
During the brief hearing, Senior Advocate DS Naidu, appearing for the Election Commission, confirmed that the freezing date was April 9 and stated that no further entries would be considered after that point. He noted that while the appellants are in a similar situation to others whose appeals were allowed, the deadline has passed.
Justice Joymalya Bagchi raised significant questions regarding the “architecture” of the election process versus constitutional rights. “There is a cut-off line with respect to an election, and underlying it is a constitutional right to be on the electoral roll and to vote in further elections. That is much higher and permanent,” Justice Bagchi observed.
Chief Justice Surya Kant, however, remarked that the exclusion from the current rolls does not mean a person is being deprived of their voting rights permanently.
This latest development follows an April 6 hearing where the court noted that approximately 60 lakh claims and objections had been decided during the Special Intensive Revision (SIR) of electoral rolls in West Bengal.
To ensure fairness, the Supreme Court had previously directed the Chief Justice of the Calcutta High Court to form a three-member panel of former senior judges. This panel was tasked with framing uniform procedures for 19 tribunals currently deciding appeals against deletions from the electoral rolls.
The West Bengal Assembly elections are scheduled to take place in two phases on April 23 and April 29. The counting of votes for all seats will occur on May 4. The outcome of the April 13 hearing will be critical for those seeking inclusion in the final voters’ list before the first phase of polling begins.
