Deleted Bengal voters can vote if tribunals clear their appeals: Supreme Court

The Supreme Court has cleared the way for thousands of excluded voters in West Bengal to cast their ballots, but only if their appeals are decided in time.

In an order released on Thursday, three days after a key hearing, a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi invoked its powers under Article 142 to ensure that eligible voters are not left out of the upcoming Assembly polls.

The court said individuals whose appeals against exclusion from the voter list are allowed by appellate tribunals will be permitted to vote in the two-phase elections scheduled for April 23 and April 29.

"Wherever the Appellate Tribunals are able to decide the appeals by 21.04.2026 or 27.04.2026, as the case may be, such appellate orders shall be given effect to by issuing a supplementary revised electoral roll, and all necessary consequences with respect to the right to vote shall follow," the court said.

At the same time, the top court drew a clear line. "However, it goes without saying that the mere pendency of appeals preferred by excluded persons before the Appellate Tribunals shall not entitle them to exercise their right to vote," it added.

During Monday’s hearing, the bench had shown reluctance to allow deleted voters to participate while their appeals were still pending. It had, however, indicated it may consider allowing supplementary rolls.

The Election Commission of India, which had already frozen the voter list, will now issue supplementary special intensive revision (SIR) rolls to reflect tribunal decisions. No new names can otherwise be added without specific court directions.

The court noted that once an appellate tribunal issues a conclusive direction for inclusion or exclusion, “such directions shall be duly effectuated” before polling in the respective phases.

The order comes amid a massive Special Intensive Revision (SIR) exercise which saw 90.8 lakh people struck off the voter rolls in Bengal. An estimated 34 lakh appeals are pending before 19 appellate tribunals set up across the state.

The case reached the top court after 13 individuals challenged the deletion of their names, alleging the Election Commission acted without due process and that appeals were not being heard promptly. The court had earlier termed the plea “premature” and directed them to approach the tribunals.

Bengal Chief Minister Mamata Banerjee welcomed the ruling. "I had been telling everyone to be patient. If not today, then tomorrow—everyone's name would eventually appear," she said.

"Today, the Supreme Court has issued an order. For those who applied on the 21st, the final supplementary list is to be published before the first phase at 23rd April... I am happy. I am proud of my judiciary," Banerjee added.

Bengal’s 294-member Assembly will vote in two phases on April 23 and April 29, with counting set to take place on May 4.