The Supreme Court on Monday issued notice to the Election Commission of India (ECI) on fresh interim applications filed by Trinamool Congress (TMC) MPs Derek O’Brien and Dola Sen, challenging the alleged procedural irregularities in the Special Intensive Revision (SIR) of electoral rolls in West Bengal.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi sought a response from the poll panel within a week and listed the matter for further hearing on January 19.
Appearing for Derek O’Brien, senior advocate Kapil Sibal contended that instructions for the SIR were being issued by the ECI through WhatsApp messages and oral directions in video conferences, bypassing formal written orders. He described this method as “arbitrary” and lacking any legal basis.
The plea alleged that the ECI had introduced a new category of voters termed as ‘logical discrepancies’ without any statutory framework, under which over 1.36 crore voters may be issued notices for hearings that could affect their inclusion in the electoral roll.
O’Brien’s application claimed that over 58.20 lakh names were deleted from the draft electoral roll published on December 16, 2025, without issuing notice or granting personal hearings to those affected. It also said that nearly 31.68 lakh voters could not be matched with the 2002 rolls and were targeted for hearings on that basis.
The MPs argued that the right to be included in the electoral roll is a statutory right with constitutional protection, and any exercise affecting it must adhere to principles of fairness, transparency, and due process.
The petitioners have urged the Supreme Court to:
- Direct the ECI to extend the January 15, 2026 deadline for submission of claims and objections
- Prohibit use of informal channels such as WhatsApp or oral directions for issuing compliance instructions to BLOs (Booth Level Officers)
- Declare all such informal instructions issued so far as illegal
- Address the lack of clarity, procedural bottlenecks, and hardships being faced by vulnerable voters, including senior citizens and persons with disabilities, who are allegedly being forced to physically attend quasi-judicial hearings
The matter comes amid strong political protests in the state. Chief Minister Mamata Banerjee had earlier announced plans to move court against the SIR, alleging that the exercise had caused “fear, harassment, and even deaths.”
Dola Sen’s separate application echoed similar concerns, calling the SIR “arbitrary, unconstitutional, and liable to result in mass invalid deletions.”
While the counsel for the Election Commission initially sought two weeks’ time to file a reply, the court granted only one week, directing the ECI to file a common response to both applications.
