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Mamata Banerjee’s Supreme Court Challenge to Electoral Roll Revision Explained

West Bengal Chief Minister Mamata Banerjee is set to create constitutional history by potentially becoming the first sitting Chief Minister to personally argue her own case before the Supreme Court of India. Her petition challenges the Election Commission of India’s (ECI) Special Intensive Revision (SIR) of electoral rolls in West Bengal ahead of the 2026 Assembly elections, escalating an already intense institutional confrontation.

At the heart of the dispute lies a fundamental constitutional question: Can electoral roll verification, in the name of purity of elections, risk mass disenfranchisement of genuine voters?

Background: What Is the Special Intensive Revision (SIR)?

The Special Intensive Revision (SIR) is an extraordinary electoral exercise undertaken by the ECI to comprehensively verify voter rolls, particularly focusing on:

• Duplicate entries
• Bogus voters
• Ineligible inclusions
• Discrepancies with legacy electoral data

In West Bengal, the SIR relied heavily on electoral rolls from 2002 as a baseline, triggering objections that such reliance ignores demographic mobility, migration, and administrative realities over two decades.

Mamata Banerjee’s Petition: Core Reliefs Sought

In her petition before the Supreme Court, Banerjee has sought:

Quashing of ECI Orders

• Quashing of all SIR-related orders dated June 24, 2025, and October 27, 2025
• Setting aside all consequential directions issued pursuant to these orders

Conduct of Elections on Existing Voter List

• A writ of mandamus directing the ECI to conduct the 2026 West Bengal Assembly elections strictly on the basis of the 2025 electoral roll

Halt on Voter Deletions

• A restraint on deletion of voters mapped to 2002 rolls who have already submitted documents
• Withdrawal of all pending hearing notices issued to voters

The “Logical Discrepancies” Controversy

A significant portion of the petition challenges the ECI’s categorisation of voters under so-called “logical discrepancies”, which include:

• Minor spelling mismatches in names
• Discrepancies in parental details
• Age-gap anomalies with parents or grandparents
• Gender mismatches
• Voters missing from the 2002 rolls
• Large family mappings

Banerjee argues that these discrepancies are administrative imperfections, not proof of ineligibility, and should not trigger quasi-judicial hearings.

She has urged the Court to:

• Prohibit hearings in such cases
• Direct election authorities to carry out suo motu corrections using government records
• Mandate public disclosure of such cases on CEO and DEO websites

Aadhaar, Documentation, and Proof of Identity

Another contentious issue raised in the petition is the insistence on multiple documents.

Banerjee has sought directions that:

• Aadhaar be accepted as valid proof of identity without additional documentation
• State-issued documents be honoured without arbitrary rejection
• Complainants filing Form 7 objections must appear personally to prevent anonymous bulk challenges

Supreme Court’s Prior Intervention: January 12 Directions

Banerjee’s petition comes in the backdrop of a strong intervention by the Supreme Court earlier this year.

A bench led by Chief Justice of India Surya Kant, along with Justices Dipankar Datta and Joymalya Bagchi, noted:

“See the strain and stress going on for ordinary people. Over one crore people have been issued notices.”

Key directions issued by the Court included:

• Proper intimation and written receipts for voters
• Expansion of hearing venues to panchayats and block offices
• Assistance to voters by representatives, including booth-level agents
• Mandatory publication of lists of voters flagged for discrepancies
• Accountability of district administration and police for maintaining order

The Court reiterated that electoral roll correction cannot come at the cost of fairness, due process, and voter confidence.

Constitutional Provisions Involved

Article 324 – Superintendence of Elections

Grants the ECI plenary powers over elections but subject to constitutional limitations and judicial review.

Article 326 – Right to Vote

Guarantees adult suffrage and forms the constitutional basis against arbitrary disenfranchisement.

Article 14 – Equality Before Law

Arbitrary or disproportionate verification mechanisms may violate equality principles.

Article 21 – Due Process

Procedural fairness in voter deletion impacts the right to life and dignity.

Statutory Framework Governing Electoral Rolls

Representation of the People Act, 1950

• Sections 21–23 govern preparation, revision, and correction of electoral rolls
• Requires reasonable opportunity of hearing before deletion

Registration of Electors Rules, 1960

• Prescribe procedures for objections, hearings, and verification
• Emphasise transparency and fairness in roll revision

Key Judicial Precedents

Lal Babu Hussein v. Electoral Registration Officer (1995)

Held that electoral roll revisions must not result in wholesale or arbitrary deletions.

PUCL v. Union of India (2003)

Recognised voting as a statutory right with constitutional dimensions linked to democratic participation.

Association for Democratic Reforms v. ECI (2002)

Reaffirmed that ECI powers under Article 324 are subject to constitutional scrutiny.

Mohinder Singh Gill v. Chief Election Commissioner (1978)

Clarified that ECI’s plenary powers cannot override principles of fairness and reasonableness.

Political and Institutional Implications

Banerjee’s decision to personally argue the case adds a rare political dimension to an election-law dispute that otherwise turns on administrative legality.

Her petition frames the SIR as:

• Bureaucratic overreach
• Disproportionately impacting marginalised voters
• A threat to democratic participation in a poll-bound state

The outcome of this case could shape future electoral roll revisions nationwide, especially in states heading into high-stakes elections.

Conclusion: A Defining Moment for Election Law

This case is not merely about West Bengal or Mamata Banerjee.

It raises enduring constitutional questions:

• How far can electoral verification go without undermining voter trust?
• Can administrative efficiency justify large-scale disruption of voting rights?
• Where should courts draw the line between electoral purity and democratic inclusion?

As the Supreme Court prepares to hear Banerjee’s petition, the verdict is likely to become a landmark in Indian election jurisprudence, setting limits on how far the ECI can go in reshaping voter rolls ahead of elections.

Location: Pune, Maharashtra, India

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