The Supreme Court held that errors in West Bengal’s electoral rolls amid the Special Intensive Revision can be rectified post-election through appellate tribunals, even if some voters wrongly miss or cast ballots. Stressing that enrolment via Form 6 after the qualifying date does not ensure voting rights, the Bench downplayed concerns over bulk applications as legally manageable.
The Supreme Court has clarified that any wrongful exclusion or inclusions in West Bengal’s electoral rolls could be corrected after the upcoming Assembly Election. The court also stated that individuals added to the rolls through Form 6 after the qualifying date notified by the Election Commission of India (ECI) may not automatically gain the right to vote in the election.
The observation was made on 1 April 2026, during hearings related to the Special Intensive Revision (SIR) of electoral rolls, which has triggered political controversy and allegations of large-scale voter manipulation ahead of the 2026 West Bengal Assembly Election.
A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi explained that inclusion in the electoral roll and eligibility to vote in a particular election are separate legal issues. According to the Court, while individuals may apply for inclusion through Form 6, the electoral roll used for polling is determined based on a qualifying date announced by the ECI.
Justice Bagchi stated that even if a person is enrolled after the qualifying date, that inclusion would not automatically grant voting rights in the ongoing election. The Court referred to Section 14(b) of the Representation of the People Act, 1950, which identifies 1 January, 1 April, 1 July, and 1 October as qualifying dates for electoral roll revisions.
The judge also clarified that errors in inclusion or exclusion could later be corrected through appellate mechanisms. The Court observed that if a person was wrongly excluded and could not vote in the election, tribunals headed by former chief justices could review and reverse such decisions. Similarly, if a person was wrongly included and voted, the correction process could still continue.
The SC also addressed allegations of large-scale submission of Form 6 applications. Senior advocate Kalyan Bandopadhyay informed the Court that in one instance, 30,000 Form 6 applications had been submitted by a single individual. Concerns were raised that such submissions were taking place while adjudication of claims and objections was still underway.
Responding to the allegations, CJI Surya Kant observed that such incidents were not unprecedented and had occurred in previous elections. The Court noted that objections could be filed under the existing legal framework if any irregularities were suspected.
“We are not closing the case at all. We will see when the time comes,” the Court said, indicating that the matter remained under judicial scrutiny.
Senior advocate Dama Seshadri Naidu, appearing for the ECI, defended the process, stating that the law permits voter inclusion until the last date of nomination. He argued that individuals who become eligible voters should not be denied their right to enrol.
The Court also recorded progress in the disposal of objections. According to submissions made during the hearing, 47 lakh of a total 65 lakh objections had already been addressed. CJI Kant noted that the Court had received a communication from the Chief Justice of the Calcutta High Court stating that pending objections were likely to be decided by 7 April 2026.
The Court further stated that judicial officers deployed for the SIR exercise would function impartially. When objections were raised about training being provided to judicial officers, the Bench described it as an orientation process and rejected allegations of bias. Justice Bagchi also expressed confidence in the impartiality of judicial officers.
See Also: “Existing Rolls Thrown in Dustbin”: Ex-CEC Quraishi Questions Rush Behind ECI’s SIR Exercise
Form 6 is the ECI’s application form for new voter enrolment or transfer of voters following a change in residence. Applicants must submit proof of date of birth and address, along with a declaration of citizenship.
The Electoral Registration Officer (ERO) processes the application after verification by booth-level officers. Additions to electoral rolls may occur during annual revisions or through continuous updating. However, changes made after the final nomination deadline may not apply to the immediate election.
In West Bengal, the last date for nominations for the first two phases of polling is 6 April and 9 April 2026 respectively. Electoral roll additions must therefore be processed before these deadlines for voters to be eligible in the upcoming polls scheduled for 23 April and 29 April 2026
The controversy intensified after the Trinamool Congress alleged that thousands of Form 6 applications were submitted to include voters from Bihar, Uttar Pradesh, Rajasthan and Haryana in West Bengal’s electoral rolls.
TMC general secretary Abhishek Banerjee alleged that around 30,000 Form 6 applications were submitted within six to seven hours. He claimed this violated rules that restrict political party booth-level agents to submitting up to 50 forms per day.
Chief Minister Mamata Banerjee also wrote to Chief Election Commissioner (CEC) Gyanesh Kumar alleging a “grave conspiracy” to manipulate electoral rolls. She claimed that fraudulent applications were being submitted to include non-residents and influence the election outcome in favour of the BJP.
Banerjee also alleged that names were being deleted during the SIR process and warned voters to remain vigilant. She further accused the ECI of overstepping its mandate and described the process as a backdoor attempt to influence electoral outcomes. West Bengal Chief Electoral Officer (CEO) Manoj Kumar Agarwal stated that his office only receives documents and does not have authority to add or delete voters. He clarified that such decisions are taken by EROs after verification.
Tensions escalated on 31 March 2026 when clashes broke out outside the CEO’s office in Kolkata. TMC and BJP supporters confronted each other after allegations of bulk Form 6 submissions.
According to reports, booth-level officers and TMC workers claimed they intercepted a BJP worker carrying more than 400 Form 6 applications. BJP supporters arrived at the location, leading to a heated exchange and eventual scuffle.
Police and central forces were deployed to control the situation. Baton charges were reportedly used to disperse protesters and restore order.
Meanwhile, BJP leaders denied knowledge of bulk submissions. Opposition leader Suvendu Adhikari accused the state government of provoking confrontation with central forces.
The Special Intensive Revision of electoral rolls has also led to large-scale scrutiny of voter lists. According to figures from the CEO’s office, around 60 lakh voters were placed under adjudication during the revision process. Of the cases disposed of so far, at least 13 lakh names have been deleted.
Affected voters have been allowed to appeal to appellate tribunals for reconsideration. The ECI has also begun accepting online applications from voters challenging deletions.
The Supreme Court noted that 19 appellate tribunals had been constituted to handle appeals. These tribunals have been given access to reasons recorded for inclusion or exclusion of voters and can follow procedures based on principles of natural justice.
However, critics have pointed out that deletions have disproportionately targeted minorities, women and swing constituencies.
The Supreme Court has scheduled further hearings for 7 April 2026. The Court will review progress in resolving objections and examine allegations surrounding the SIR process.
The Court also directed that a separate plea seeking inquiry into poll-related violence be listed on the same date after procedural requirements are completed.
With West Bengal heading into a high-stakes Assembly election, the dispute over voter enrolment, electoral roll revision and Form 6 submissions has emerged as a major political and legal flashpoint.
Suggested Reading:
Subscribe to our channels on YouTube and WhatsApp
Download our app on Play Store