Bengal SIR Hearing Highlights: Supreme Court says 34 lakh excluded from electoral rolls can’t vote in 2026 polls

“What is the question of allowing them to vote? If we allow this then, let us stop the voting rights of people who are included then,” said the CJI.

The bench noted that over 34 lakh appeals have been filed so far before the appellate tribunals by people challenging their non-inclusion in the voter list.

Senior Advocate Kalyan Banerjerjee, appearing for petitioners who have challenged the SIR, said that the people of West Bengal look up to the court.

“People of Bengal are not dependent on anybody but are looking towards this court and lordships only. 34 lakh people are not genuine voters? They are genuine voters,” the senior counsel said.

He added that an impression has been given that all pending cases have been adjudicated. “April 6 voter list has been published. All voters are under adjudication,” the counsel said further. 

Justice Bagchi remarked that those whose appeals are allowed by April 9 would be included in the voter list. “If adjudication is completed by April 9, even a few days later, the electoral roll will include their names for the elections. This was clarified earlier,” Justice Baghchi said.

As Banerjee requested the court, saying please allow them to vote, the CJI said, “No question of that. If we allow this, then let us stop the voting rights of people who are included.”

The bench directed the Election Commission of India, as well as the state, to ensure that security already provided to judicial officers is not withdrawn and is continued. He further added that the security should be withdrawn only upon the orders of this court.

“Till the elections are over in the state of West Bengal, we would like our officers to have security and protection in West Bengal,” the Chief Justice of India said on Monday.

Senior Advocates Menaka Guruswamy, representing the West Bengal government, Shyam Divan for Chief Minister Mamata Banerjee, Kalyan Banerjee for TMC, Siddharth Luthra and ASG Aishwarya Bhati were present in the court today.

What happened in the last hearing? In last hearing on April 6, the court questioned the chief secretary of the state over his unavailability, remarking, “Mr Secretary, what is the problem? You do not even entertain the call of the Chief Justice.”

In response, the secretary denied receiving any such communication, stating that no officer from Calcutta had contacted him.

“There was no call made by any officer from Calcutta to my phone. From 2 pm to 4:30 pm I was in flight and till evening no call came to me,” the chief secretary said.

Justice Joymalya Bagchi noted that it would have greatly assisted the Chief Justice and the High Court administration if the Secretary had shared his mobile number and other relevant particulars.

“The phone call in all probability came in the evening after you deboarded your flight from Delhi. It would have been extremely helpful for the CJ and HC administration if you had been kind enough to share your mobile number and other particulars,” Justice Bagchi said.

Emphasising the need for accessibility, Justice Bagchi added that the secretary could not place himself in a position where even the Chief Justice of the Calcutta High Court or its administration could not reach him, and urged him to “lower himself a bit” to remain accessible to the court.