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WB SIR: SC Invokes Article 142 to Break Deadlock in West Bengal Voter List Revision

Case Law Details

TaxGuru Citation
2026 taxguru.in 2626
Case Name
Mostari Banu Vs Election Commission of India & Ors. (Supreme Court of India)
Date of Judgement/Order
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Mostari Banu Vs Election Commission of India & Ors. (Supreme Court of India)

The Supreme Court considered urgent issues relating to the completion of the ongoing Special Intensive Revision (SIR) in West Bengal, particularly concerning adjudication of claims and objections under the “logical discrepancy/unmapped category.” The process had stalled amid allegations and counter-allegations between the State Government and the Election Commission of India (ECI), reflecting a trust deficit between the two constitutional authorities. The dispute also extended to the rank and status of officers deputed by the State Government to function as Electoral Registration Officers (EROs) and Assistant EROs, which the Court found difficult to determine.

To ensure fairness and smooth completion of the adjudication process, the Court requested the Chief Justice of the Calcutta High Court to nominate serving and former judicial officers of impeccable integrity in the rank of District Judge/Additional District Judge to dispose of pending claims district-wise. These judicial officers would be assisted by ECI micro-observers and State Government officers already deputed. Directions issued by these officers would be deemed directions of the Supreme Court, binding on the State and district administration.

Collectors and Superintendents of Police were directed to provide full logistical support and be deemed on deputation for compliance purposes. The Chief Electoral Officer, senior ECI officials, the Chief Secretary, DGP, and law officers were directed to meet the Chief Justice to finalize modalities. The process is to be completed in a time-bound manner, with partial publication by 28.02.2026 treated as ongoing. The DGP was also directed to file a supplementary affidavit on complaints and action taken. The Court invoked Article 142 and listed the matter for 10.03.2026.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 22,325

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