The Supreme Court on Monday declined to entertain a plea alleging large-scale addition of voters in West Bengal, observing that it cannot allow a “fishing inquiry” without concrete material, ahead of the Assembly elections in the state.
The oral observation came when senior advocate Menaka Guruswamy mentioned the matter before a bench headed by Chief Justice Surya Kant and Justice Joymalya Bagchi.
Referring to media reports, Guruswamy submitted that nearly five to seven lakh voters had allegedly been added to the electoral rolls in West Bengal using Form 6, which is meant for first-time voters or those shifting constituencies. She contended that such additions after the prescribed cut-off date were impermissible and could impact the forthcoming Assembly polls.
“You challenge it, we will see,” the Chief Justice said, indicating that a formal petition would be required. When Guruswamy said that sufficient information was not yet available and that the final electoral roll was still awaited, the bench declined to proceed.
“We can’t have a fishing inquiry. We will not entertain like this,” the Chief Justice remarked, making it clear that the court would not act on speculative or incomplete claims.
Court already seized of electoral roll revision
The apex court is currently hearing a batch of petitions related to the Special Intensive Revision (SIR) of electoral rolls in the state. During proceedings last week, it issued directions to the Election Commission of India regarding voters whose names had been deleted.
In its April 13 order, the court directed the poll body to publish a supplementary revised electoral roll incorporating those voters whose appeals against deletion are allowed by appellate tribunals within specified deadlines.
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Invoking its powers under Article 142 of the Constitution, the bench said that if appellate tribunals decide such appeals by April 21 or April 27, the Election Commission must give effect to those decisions by updating the rolls accordingly.
However, the court clarified that individuals whose appeals remain pending before tribunals would not be entitled to vote.
Poll schedule and tribunal mechanism
The Assembly elections in West Bengal are scheduled to be held in two phases on April 23 and April 29, with counting of votes set for May 4.
To deal with disputes over electoral rolls, the Chief Justice of the Calcutta High Court has constituted 19 tribunals, headed by former high court chief justices and judges. These tribunals are tasked with adjudicating appeals against the deletion or exclusion of names from the voters’ list.
The Supreme Court’s refusal to entertain the fresh allegation underscores its insistence on procedural rigour, even as concerns over voter lists continue to surface in the run-up to the closely watched polls.
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