If Need Be, We Will Appoint More Tribunals: Apex Court Directs EC To Submit Data On Pendency Of Appeals In West Bengal SIR Cases

The Supreme Court directed the Election Commission (EC) to submit data on the pendency and disposal of appeals by tribunals challenging exclusion or inclusion in electoral rolls following the Special Intensive Revision (SIR) in West Bengal, observing that they need to be adjudicated in a time-bound manner.

Previously, the Court has directed the constitution of a committee comprising three former senior-most judges to standardize the functioning of 19 Appellate Tribunals overseeing the Special Intensive Revision (SIR) in West Bengal.

A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana asked the poll panel to explain what steps are being taken to streamline the mechanism for disposing of pending appeals and how many additional tribunals are required.

The Court announced the constitution of 19 Appellate Tribunals to handle the mounting appeals arising from the Special Intensive Revision (SIR) of voter rolls in West Bengal.

"Let the Election Commission file a reply specifying how many appeals are pending before Tribunals. The pending appeals be segregated, and it may be disclosed as to how many appeals at the instance of voters who were excluded/included or their cross appeals," it said.

The EC will also explain how many additional tribunals are required to be constituted, the bench said.

During the hearing, Senior Advocate Kalyan Banerjee, appearing for petitioners, submitted that individuals were not getting data on how many appeals are pending or decided by the tribunals as no information is available in the public domain.

Banerjee submitted that municipal and panchayat elections are coming.

"These persons, whose names were deleted, won't be able to cast votes. I have given data of 31 Assembly seats. Kindly get the report from them on how many appeals have been filed, and how many have been disposed of," he said.

The top court said it will not confine it to 31 constituencies.

"Our concern will be about all. Appeals need to be adjudicated in a time-bound manner. If need be, we will appoint more tribunals," the bench said.

Senior Advocate Gopal Sankaranarayanan, appearing for another set of petitioners, referred to an RTI reply given to a Member of Parliament and said the information is absolutely "appalling". He said that a large number of appeals filed before SIR appellate tribunals are actually not by excluded voters.

Senior Advocate DS Naidu, appearing for the EC, told the court that the poll panel has been coordinating with appellate tribunals to examine ways in which the appeal disposal process can be streamlined.

The top court was hearing pleas seeking measures to streamline and expedite the disposal of appeals before the SIR appellate tribunals.

The Court expressed grave "disappointment" and "extreme concern" over a chilling security lapse in Malda district, where seven judicial officers were gheraoed and later attacked by a mob. It characterised the incident as a "brazen attempt" to browbeat the judiciary and a direct challenge to the authority of the apex court.

On April 24, the apex court asked the appellate tribunals to give out-of-turn hearings to those who make a case of urgent hearing against deletion from electoral rolls after the SIR in West Bengal.

Previously, the Court ordered the creation of a special judicial bench to hear appeals from people whose names were rejected by the Judicial Officers after adjudication from West Bengal's voter list. The Court made it clear that only judges can decide these appeals.

The Court made it clear that only judges can decide these appeals. To make this happen, the Election Commission of India (ECI) must pay for all the costs, including the salaries of the judges and the 500 judicial officers currently working overtime to fix the lists. The order came after the Court learned that judicial officers have already cleared over 10 lakh cases, working through weekends and holidays to finish the job. The Court also warned the ECI to stop "technical disruptions" like login problems that were slowing down the work.

Cause Title: Mostari Banu v. The Election Commission of India [W.P. (C) No. 1089/ 2025]