Banerjee had earlier approached the apex court under Article 32 of the Constitution, assailing the SIR exercise. The Supreme Court heard the pleas challenging the Special Intensive Revision (SIR) of electoral rolls being undertaken in the state of West Bengal. A bench comprising Chief Justice of India Surya Kant, Justice Joymalya bagchi and Justice NV Anjaria heard the matter.
What happened during the hearing today? The Supreme Court Monday passed a slew of directions on pleas challenging SIR in the state of West Bengal. The top court directed that at least one week more beyond 14 Feb to be granted to the EROs/AEROs for completing the scrutiny of documents and for taking an appropriate decision. The court further clarified that the responsibilities assigned or to be assigned to the micro-observers or state government officials shall be to only assist the EROs/AEROs in the decision making process. The court has also directed the DGP of the state to file a personal affidavit in response to the ECI allegations of failure to act on alleged unlawful activities.
On February 4 the apex court while issuing notice in the matter asked the state of West Bengal to provide a list of Group B officers that it could spare for the SIR process. Arguing personally before the Supreme Court, West Bengal CM Mamata Banerjee had said that Bengal was being “targeted” by the Election Commission and SIR was meant to “bulldoze” the people of Bengal. She alleged that the SIR process was only for deletion, not for inclusion.
On January 19, the Supreme Court had passed a slew of directions to ECI for transparent verification of persons in logical discrepancy list on pleas by Trinamool Congress leaders alleging procedural irregularities in the Special Intensive Revision (SIR) of electoral rolls in West Bengal.
The affidavit of the poll panel submitted before the apex court says that the Chief Minister Mamata Banerjee, members of Parliament, and other political functionaries of the ruling dispensation in West Bengal made public statements and delivered speeches aimed at “intimidating the election officials” engaged in the SIR process.
The affidavit of the poll panel said the incumbent Chief Minister Mamata Banerjee, members of Parliament, and other political functionaries of the ruling dispensation in West Bengal have made public statements and delivered speeches aimed at "intimidating the election officials" engaged in the SIR process.
The affidavit by the ECI said that West Bengal is the only state where the Central government had to intervene and provide security to the chief electoral officer, which was not required in any other state undergoing SIR.
There have also been instances of threats, violence, and forcible disruption of hearings, including barging into offices where statutory hearings were being conducted, burning forms submitted by the electors, and destruction of official papers that recorded administrative details such as the status and progress of the SIR process, stated the affidavit by the poll panel.
Though the state government of West Bengal, in its counter affidavit has undertaken to extend full cooperation with the ECI in the conduct of SIR exercise, the ground reality is starkly inconsistent with this solemn undertaking given before the Supreme Court.
On the ground, repeated acts of non-cooperation, obstruction, intimidation and interference have been witnessed and have continued even after the passing of the order dated January 19 this court.
The affidavit stated that continuance of these obstructions and systematic attempts by the Government of West Bengal to derail the SIR process are in direct contravention and non-compliance with the directions given by the Supreme Court.
The ECI in its affidavit said that the actions demonstrate complicity of key actors of the state, including the state government, certain elected representatives of the ruling party, and party functionaries.
Every trick in the armoury is being employed to ensure that the SIR process is either stopped or frustrated by fair or foul means, said the affidavit.
ECI in its affidavit before the Supreme Court said that the state government through "proper planning and concerted action", deliberate and systematic attempts are being made to derail, paralyze and frustrate the SIR exercise being undertaken by the poll panel in the state.
Hearing ends. Bench rises.
iv) It is made clear that the responsibilities assigned/to be assigned to the micro-observers or state government officials shall be to only assist the EROs/AEROs in the decision making process. In other words, the final decision will be taken by the EROs only.
v) Since the process of scrutinising the documents submitted by the affected persons in response to the notices served on them, it is likely to take more time and as suggested on behalf of some petitioners, we direct that at least one week more time beyond 14 Feb will be granted to the EROs/AEROs for completing the scrutiny of documents and taking an appropriate decision.
vi) On behalf of petitioners a reference has been made to certain documents to suggest the micro-observers are the final authority. This aspect has been clarified by ECI that micro-observers as well as the government official/s will be taken on board for assisting the EROs from tomorrow onwards. It shall only be assisting the prescribed statutory authority for the purpose of final decision.
vii) Mr VV Giri, senior counsel in writ petition so and so and SGI has referred to counter affidavit by ECI in that writ petition, it is alleged that despite making complaints by the authorities of the ECI, no FIRs are being registered against persons who are suspected to be involved in burning the records of objections and or indulging in alleged unlawful activities.
viii) Though this has been strongly refuted by Meneka Guruswamy, senior counsel for West Bengal, we are reminded of our order dated January 19 2026 in which a categorical direction was issued to the DGP, SP and collectors of state of WB to ensure maintenance of law and order. We therefore show cause DGP to file his personal affidavit in response to the allegations made by the ECI in its counter affidavit in this writ petition. We will take a final call with respect to the powers of ECI in this regard but before doing so we deem it appropriate to afford an opportunity to the DGP to explain on his part.
ix) The EROs shall be dutybound to consider the objections if any received from the person as per the statutory scheme, whether or not such persons come forward for personal hearing. It goes without saying that the genuiness of the documents filed along with these objections shall be scrutinised/verified in the same manner as the documents to be submitted by the affected persons.
Bench: In order to streamline the ongoing process of SIR and also with a view to address some of the apprehensions being expressed by different stakeholders, while reiterating our directions issued on Jan 19 we deem it appropriate to issue following additional directions:
i) Let the state government ensure all the 8505 officers whose list has been handed over in the court, report to duty to the district electoral officials/BROs at tomorrow by 5 PM.
ii) The ECI shall have the discretion to replace the existing BRO/AEROs and use the services of officials who have now been placed on deputation with the ECI.
iii) Rest of the 8 officers/officials from the list of 8505, the ECI after deep scrutinization of their bio data and work experience may shortlist these officials equivalent to strength of micro-observers already engaged. These state government officials may be imparted brief training for the purpose of providing assistance to the ERO/AEROs along with microobservers who have already been engaged.
Bench: On this the CM of the state made a statement that she was wiling to provide adequate manpower of officials who are competent enough to perform these duties.
In purported compliance to statement made in this court, we have been shown during the court hearing that on Feb 7 2026, in writ petition....informed the senior counsels for the ECI on Feb 7 2026 the state government is ready and wiling to make available 8505 number of group B officers of the state government and or its instrumentalists for the SIR exercise.
The ECI was required to confirm the need of such additional Group B officers whereupon it was stated that the requisite particulars of these officers shall be shared with the ECI.
During the course of the hearing and on being inquired, it was submitted on behalf of state of West Bengal that the list containing particulars of 8505 number of officers was not sent to the ECI so far as they were awaiting the consent of the commission in terms of mail dated Feb 7. However during the course of hearing the list of 8505, stated to be group B officers working in the different department of state government has been handed over to the senior counsel of ECI. That list has been placed before us.
Heard respective counsels. Solicitor General of India has also assisted us in the matter and he has made a pointed reference to the affidavit filed by the ECI. It may be noted that in the previous date of hearing, Mrs Mamata Banerjee also appeared along with her senior counsel in writ petition filed by her. During the course of hearing, when an objection with regard to deployment of microobservers by ECI was raised, it was pointed out by the counsel for ECI that despite repeated requests adequate manpower of certain category of officials who were confident enough to discharge quasi judicial assisting duties were not provided by state government to the ECI for the completion of SIR.
Bench begins dictating order
SGI Tushar Mehta for Centre: In Mr Giri's petition Union of India has joined as a party. There's already a detailed affidavit filed by the ECI before, and one affidavit is filed yesterday. One constitutional body intimating the highest court of the country, your lordships may see the contents its really alarming. Your lordships may take cognizance of it and pass some remedial directions
CJI: We have issued directions to the state DGP to look into such issues and take a call. ECI is not helpless.
Giri: There have wholesale burning of Form 7 objection forms. We have prayed for extension to submit objections since most of it were burnt.
Banerjee: Bundle of objections are being filed by individuals without their identity. At the time of hearing they must be present, else how we know who made these objections. An objector is filing thousands of objections. These are all anonymous complaints.
Sankarnarayanan: 1.36 crore have been excluded. The final list cannot be published on February 14. Else it will be a fait accompli.
Diwan: This entire powerpoint presentation was given by ECI on Whatsapp to its officials on January 23.
Now see the extra legal role being given to the micro observers.
Even though ERO and AERO finds its okay. It is the micro observer who is playing they key role. There needs to be a direction that ERO has to be the final authority who takes a decision.
Diwan: This is creating an extra election authority.
Divan: Reasons for rejection. Only Aadhaar and so called family register. The general direction is to reject.
Now see Aadhaar and admit card submitted. Now general instruction is that no document linking with parent is doubtful and should be rejected.
Name mismatch with no other document name rejected. Even if they have two documents names are rejected. This is wholesale general instructions. The idea appears to mass exclude.
Sankarnarayanan: West Bengal needs to make 8000 districts to give them 8000 sub divisional magistrates.
Diwan: My goodness please see the last screenshot. ECI net login for micro observers. They have to mark whether they agree with ERO or AERO.
Naidu: This was changed since then.
CJI: Micro observers are appointed in the SIR process and that responsibility has to be given to the ERO. But yes micro observers cannot take a decision.
Naidu: Please ask them to provide a list of SDM etc.
Divan: So long as it is a just minor number which they eventually post screening come up with for deletion. Its one thing but if its going to be mass exclusion then its an exercise where the computer is a tyrant. That on the basis of some bias you exclude people
Bench: Its only speculative
Diwan: February 14 is a final SIR list. It will be fait accompli.
Once there is a final electoral list and followed by notification for the assembly elections, that is the end of the story. There cannot be mass exclusion and a purging of names. Now on micro observers. Please see this.
CJI: Yes we are saying that.
Divan: But let a direction be issued.
CJI: But that will be a pre-emptory direction to the ECI officials.
Diwan: The name mismatch people cannot be excluded at all
Naidu: How do we take the 8500 officers without training them? Deadline is Feb 14.
An untrained clerk is not more experienced than an untrained professor. We can see if they can be trained. We need to see the list, scrutinise them.
We need to give them ID, software support etc. We can come day after tomorrow and submit to you. We can come back after 48 hours on their suitability.
Justice Bagchi to the Election Commission of India: You have issued notices to ones who have 5-6 children. Yes if 50, yes send them a notice.
The tools that you have applied to the software are very restrictive tools. Kumar is a middle name in Bengali households. You have Tapan Kumar Roy is there and now you have sent notices when name is Tapan Roy.
Justice Bagchi to CJI Kant: Imagine Suvendu Narayan Roy was a fellow. Narayan is a middle name. He was also served a notice.
Justice Bagchi: Ground reality is that with the application of software the notices are being sent on a wider basis.
You are saying 50 years is a grandparents age gap. This is how software is working. When marriages happens at 20. These are not ground realities.
Naidu: 200 voters have traced their parentage to a single parent.
Bench: Mr. Naidu. Outsider officers who are not aware about local condition. They may require to be trained. You are not depending on them in the sense that you have to take decision as per them. Decision your officers will take
Bench: Now that the 8500 something people they are sending. Let them report tomorrow. Let them also join the team assisting...
ECI's counsel: They need to be trained. Without training they can't because they are not experienced
CJI: There is an anomalous situation being conducted with regard to seniority.
Divan: These micro observers. These purging of voter names cannot happen on such a large scale.
CJI: Micro observer is a team created by you to assist the ERO and AERO.
Naidu: These micro observers play an advisory rule. Like this is fine and this is not. These micro observers needed 10 days training. We have done that.
CJI: Documents. Final yes or no decision is yet to be taken right.
So if these officers join by tomorrow they can also give their opinion and then quality of decision by ERO will be more proper.
Counsel for ECI: These micro-observers they sit during the process of hearing they notice all the objections given, documents given then from the ERO or AERO whoever conducts the inquiry they collect them they scrutinise and on the website they say they are perfect if they are not perfect please relook into it. This is the advisory role they are playing
Diwan: What's the purpose of these name mismatch. It is just to purge the entire voters. That ought not to be allowed on mass scale that's our anxiety
Bench: One thing we would like to tell clearly. Whatever order, clarification, interim direction may require will have to be issued but we will not allow to create any impediment in completion of SIR. It must be very clearly understood by the states
Naidu: We have written five letters saying EROs are quasi judicial authority and that we need SDM etc. They gave only 64 like that who can adjudicate and decide.
Rest they gave on the basis of pay parity. Like engineers etc.
They are in no way conducted adjudicatory process. They say officers worked in elections.
But in SIR they have to pass decisions which will be challenged in appellate forums.
We need to know these 8,500 officers what work were they doing.
CJI: AEROs are state government officials?
Senior advocate B S Naidu: Yes, lower than micro-observers.
Justice Bagchi: AEROs are Group A or Group C?
Singhvi: 294 ERO level - Group A officers
CJI: Very unfortunate thing. They are refuting in your presence. Is there any officer of WB here whom we can catch hold?
Former chief secretary Manoj Pant appears for state: All 294 EROs are Group A officers. SDO or SDM rank. Completed 9 or more years of service
CJI: How many AEROs?
Pant: 8524.
CJI: How many names you have given in AEROs?
Pant: 8524.
CJI: What rank?
Pant: 65% Group B, otherwise Group A and Group C. Approximately 10% approx. Group C.
B S Naidu: Five letters were written that these are the officers we want. They have not given.
CJI: Has name, designation, place of posting been given? How to contact them, Mr Diwan? Can these persons report to concerned EROs by tomorrow?
Diwan: Yes. These logical discrepancy category voters, despite being mapped, can't be excluded like this.
CJI: If list of officers had been sent by Feb 5, the ECI could have taken decision by now.
Singhvi: They never asked us.
Diwan: Please take it from us, list of 8500 officers has now been handed over.
Bench: Can these persons report to concerned EROs by tomorrow
Diwan: Yes
Singhvi: Impression being given is we were not ready with the names. But please see, micro observers remarkable category from the PSUs, having no connection with WB
CJI: What's wrong with that?
Singhvi: They are clerks, customer assistant.
Diwan: These micro observers don't know anything about the local culture and other aspects.
CJI: How does it matters if the PSU officials are the micro observers?
Diwan: The process will end on February 14, so there is tremendous urgency. On Feb 4, the bench made certain observations.
Draft roll published has approximately 7.08 crore electors. Out of these, 6.75 crore are mapped (each elector was mentioned in 2002 list or identifiable through some family member in that list).
Out of these, 32 lakh were unmapped. I am focusing on mapped. Total 1.36 crore of WB electors were found through a process known as logical discrepancy.
Diwan: The names are compiled, district wise and designation wise as your lordships have indicated. They are all group B
Bench: Only number is given not the names
Diwan: The names are fully compiled
Bench: Have you sent the list of 8000
Diwan: Yes Yes
Diwan: I will go point by point.
Bench: Last time, you said that because of non-availability of sufficient manpower ECI was compelled to take persons outside of the state. But during the hearing last time...
Diwan: We have given them particulars of 8505 officers we have
Bench: Suppose a person from Delhi or Rajasthan goes there he will not be able to understand this mismatching
Diwan reads January 19 order of the Supreme Court in the SIR matter.
CJI: If you people do not maintain disciple, then you know the nature of the chief justice. I will adjourn all the matters.
Diwan: Requests the court to make submissions to apprise the court about the related developments since the weekend (February 4).
Advocates Shyam Diwan appears for West Bengal Chief Minister Mamata Banerjee.
West Bengal CM Mamata Banerjee, on February 4, had claimed that around 58 lakh names had been deleted and alleged that micro observers were overriding Booth Level Officers (BLOs) during the exercise
Matter listed as item number 40 in the court of CJI.
The matter will be heard shortly by a bench of Chief Justice of India Surya Kant, Justice Joymalya bagchi and Justice NV Anjaria.
