The Supreme Court on Monday refused to entertain a verbal plea regarding the alleged addition of five to seven lakh voters to the electoral rolls in poll-bound West Bengal, asserting that it cannot conduct a “fishing inquiry” based on unsubstantiated claims.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi made the observation after Senior Advocate Menaka Guruswamy mentioned the matter, citing media reports that suggested a massive influx of new voters through Form 6 applications after the cut-off date.
The matter was brought before the apex court during the hearing of a batch of pleas related to the Special Intensive Revision (SIR) of the electoral roll in West Bengal. Senior Advocate Menaka Guruswamy argued that the addition of such a significant number of voters—estimated between five to seven lakhs—would have a substantial impact on the upcoming Assembly elections.
Guruswamy contended that the use of Form 6, which is intended for first-time voters or those shifting constituencies, is not permissible after the prescribed cut-off date. However, when pressed by the bench for specific details, the counsel admitted that the final electoral roll was yet to be published and the current information was limited.
“We can’t have a fishing inquiry,” the Chief Justice observed. “You challenge it, we will see. We will not entertain like this.”
The West Bengal Assembly polls are scheduled to take place in two phases on April 23 and April 29, with the counting of votes set for May 4. The integrity of the voter list has been a central point of contention, leading to the ongoing Special Intensive Revision (SIR) process.
Last week, the Supreme Court issued directions to the Election Commission (EC) to ensure that voters whose names were previously deleted—but whose appeals were subsequently allowed by appellate tribunals—are included in a supplementary revised electoral roll.
To handle the volume of disputes, the Chief Justice of the Calcutta High Court has established 19 tribunals, headed by former High Court Chief Justices and judges, specifically to decide appeals against the deletion or exclusion of names from the voters’ list.
In its order dated April 13, the bench invoked its extraordinary powers under Article 142 of the Constitution of India to ensure that legitimate voters are not disenfranchised. The court directed:
“Wherever the appellate tribunals are able to decide the appeals by April 21, 2026, or April 27, 2026, as the case may be, such appellate orders shall be given effect to by issuing a supplementary revised electoral roll and all necessary consequences with respect to the right to vote shall follow.”
However, the court clarified that the “mere pendency of appeals” before these tribunals does not entitle an excluded person to exercise the right to vote. Only those with a favorable order from the tribunal by the specified deadlines will be permitted to cast their ballots.
