Voters cleared by tribunals up to 2 days before polls can vote: SC

New Delhi: The Supreme Court has ruled that voters in West Bengal cleared by appellate tribunals at least two days before polling will be eligible to vote in the upcoming Assembly elections.

Polling will be held in two phases - April 23 and April 29. Accordingly, those cleared on or before April 21 or April 27, respectively, will be entitled to vote.

The order, passed by a bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi, was uploaded on Thursday. The court invoked its inherent powers under Article 142 of the Constitution.


The direction came while hearing a batch of petitions challenging the ongoing Special Intensive Revision (SIR) of electoral rolls in the state.

The court clarified that if appellate tribunals allow an appeal and issue a final direction for inclusion or exclusion of a voter, it must be implemented before polling in the concerned phase.

The bench directed the Election Commission of India to give effect to all such orders by April 21 (for April 23 polling) and April 27 (for April 29 polling) by issuing supplementary electoral rolls.

Invoking Article 142, the court said appellate orders passed within the deadline must be implemented and the right to vote extended accordingly. However, it added that mere pendency of appeals by excluded persons will not entitle them to vote.