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A Bench of Justices Surya Kant and Joymalya Bagchi issued notice to the ECI on all petitions while questioning the petitioners’ apprehensions about the revision process
File photo of the supreme court (File pic/PTI
The Supreme Court on Tuesday sought the Election Commission’s response to six petitions challenging the Special Intensive Revision (SIR) of electoral rolls currently underway in Tamil Nadu and West Bengal.
A Bench of Justices Surya Kant and Joymalya Bagchi issued notice to the ECI on all petitions while questioning the petitioners’ apprehensions about the revision process.
“Why are you people so apprehensive?” Justice Kant asked, while clarifying that if the Court finds merit in the allegations, it may annul the exercise altogether.
The petitions have been filed by the ruling DMK, the CPI(M) and the Congress in Tamil Nadu, while the West Bengal Pradesh Congress Committee has separately moved the Court against a similar exercise in that State.
DMK Alleges ‘Undue Haste’
Appearing for the DMK, Senior Advocate Kapil Sibal argued that the ECI was rushing through the process, which previously took nearly three years to complete.
“This has never happened before. Earlier, the revision process spanned three years. Now they claim it will be completed in a month. Ultimately, lakhs of voters risk exclusion,” Sibal submitted.
The Bench, while acknowledging the concerns, directed the ECI to file a counter-affidavit and said: “We are issuing notice in all writ petitions. If we are satisfied, we will annul the exercise.”
Background and Legal Challenge
The Supreme Court is already hearing petitions challenging a similar SIR exercise in Bihar, which was first ordered by the ECI in June 2025.
Despite those proceedings being pending, the ECI extended the SIR to other States and Union Territories, including Tamil Nadu, through an order dated October 27.
In his plea, RS Bharathi, DMK Organising Secretary and former Rajya Sabha MP, has sought to quash the October 27 order, calling it unconstitutional and beyond the powers vested in the ECI under the Representation of the People Act, 1950 and the Registration of Electors Rules, 1960.
The petition argues that the ECI’s move violates Articles 14, 19, 21, 325, and 326 of the Constitution and could lead to “mass disenfranchisement of genuine voters.”
Tamil Nadu, the plea notes, already completed a Special Summary Revision (SSR) between October 2024 and January 2025, which updated voter lists and deleted ineligible names.
The list has since been continuously updated, leaving “no necessity for another full-scale verification.”
The DMK has also objected to SIR guidelines allegedly empowering ECI officials to verify citizenship, a function, the party argues, that rests solely with the Union Government under the Citizenship Act, 1955.
Similar concerns have been raised in the petitions from West Bengal.
Concerns Over Implementation
Sibal further questioned the timing of the SIR, pointing out that Tamil Nadu faces heavy monsoon rains in November and December, followed by harvest season and holidays, which could hinder field verification.
“The situation differs across States. In Tamil Nadu, enumerators will be managing flood relief and other duties. The timeline is unrealistic,” he argued.
He also flagged the lack of clarity regarding timelines, notice formats, and submission procedures, adding that poor internet connectivity in several areas could impede data upload.
“There’s no clarity on deadlines or procedures. This rushed exercise will turn farcical,” Sibal contended.
Justice Kant responded, “They’ll have to answer. You seem to suggest the voter list is being prepared for the first time in the country.”
Sibal reiterated that the process “should not be adversarial,” but warned that the hurried approach could undermine its credibility.
The Supreme Court has directed the Election Commission to submit its response to all fresh petitions concerning the SIR in Tamil Nadu and West Bengal.
The matter will be heard next after the ECI files its reply.
November 11, 2025, 16:49 IST
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