Recognising that resolving the eligibility question may take time, the Supreme Court granted liberty to the Election Committee to postpone the elections if necessary. (Image generated using AI)
A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing a writ petition filed by advocate Ritu Rajkumari, who challenged her exclusion from the electoral roll.
However, the top court stopped short of ruling on their final eligibility, leaving the issue to be decided in accordance with the association’s rules.
Chief Justice of India Surya Kant and Justice Joymalya Bagchi of the Supreme Court said that the petitioner and similarly placed AoRs could have been inducted prior to April 14. (Image enhanced using AI)
Bench issues notice, keeps core issue pending
The Supreme Court issued notice in the matter, making it returnable on May 18.
The petition raises a narrow but significant question: whether an AoR, formally inducted after the cut-off date for voter registration, can participate in SCAORA elections.
Background: Cut-off date vs induction date
According to the record, the petitioner was formally designated as an AoR on April 16. However, the last date for inclusion in the electoral roll was April 14.
Arguing that the delay in induction was administrative rather than attributable to the petitioner, counsel urged the Supreme Court to allow participation in the elections.
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Interim relief: Voting allowed, subject to outcome
Taking note of the circumstances, the apex court observed that the petitioner and similarly placed AoRs “could have been inducted prior to April 14, 2026 but for administrative procedural delays.”
It accordingly permitted them to cast their votes in the upcoming elections.
However, the bench clarified that this permission is subject to the outcome of the writ petition, effectively making the votes provisional.
No final view on eligibility
Importantly, the Supreme Court refrained from expressing any conclusive opinion on the eligibility of such AoRs.
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It stated that their eligibility would be governed by the applicable rules and regulations of SCAORA and determined by the Election Committee.
“The Court has consciously left the core issue open,” indicating that the interim arrangement should not be treated as a precedent on eligibility.
Election committee given flexibility
Recognising that resolving the eligibility question may take time, the Supreme Court granted liberty to the Election Committee to postpone the elections if necessary.
“The Election Committee shall be at liberty to postpone the elections for such period as it may deem appropriate,” the order noted.
The respondents have been directed to file their reply affidavits within two weeks. The matter will next be heard on May 18, 2026, when the Supreme Court is expected to examine the legal framework governing AoR eligibility in greater detail.
Why this matters
The order has immediate implications for the functioning of the SCAORA elections, balancing procedural fairness with institutional autonomy.
While the Supreme Court has ensured that newly inducted AoRs are not excluded due to administrative delays, it has also preserved the Election Committee’s authority to determine eligibility under its rules, setting the stage for a more definitive ruling in the coming weeks.
Vineet Upadhyay is an Assistant Editor with The Indian Express, where he leads specialized coverage of the Indian judicial system.
Expertise
Specialized Legal Authority: Vineet has spent the better part of his career analyzing the intricacies of the law. His expertise lies in "demystifying" judgments from the Supreme Court of India, various High Courts, and District Courts. His reporting covers a vast spectrum of legal issues, including:
Constitutional & Civil Rights: Reporting on landmark rulings regarding privacy, equality, and state accountability.
Criminal Justice & Enforcement: Detailed coverage of high-profile cases involving the Enforcement Directorate (ED), NIA, and POCSO matters.
Consumer Rights & Environmental Law: Authoritative pieces on medical negligence compensation, environmental protection (such as the "living person" status of rivers), and labor rights.
Over a Decade of Professional Experience: Prior to joining The Indian Express, he served as a Principal Correspondent/Legal Reporter for The Times of India and held significant roles at The New Indian Express. His tenure has seen him report from critical legal hubs, including Delhi and Uttarakhand. ... Read More
Chief Justice of India Surya Kant and Justice Joymalya Bagchi of the Supreme Court said that the petitioner and similarly placed AoRs could have been inducted prior to April 14. (Image enhanced using AI)