SC says it will not get into ‘fishing inquiry’ over alleged voter additions in West Bengal

The Supreme Court on Monday (April 20) said, "We can't have a fishing inquiry," after it was informed that as many as 5 lakh to 7 lakh voters were allegedly added by the Election Commission (EC) in West Bengal ahead of the upcoming Assembly elections.

Allegations over voter additions

Mentioning the matter before a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi, Senior advocate Menaka Guruswamy, referring to media reports, stated that by using Form 6, nearly five to seven lakh voters in West Bengal.

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She further stated that the addition of voters through Form 6 is not permissible after the cut-off date and that adding so many voters would have an impact on the upcoming Assembly election in the state.

Form 6 is for the inclusion of a name in the electoral roll for a first-time voter or on shifting from one constituency to another.

SC declines to entertain plea without concrete material

At this point, the CJI said, "You challenge it, we will see," with Guruswamy stating that they do not have enough information and the final electoral roll is yet to be published.

"We can't have a fishing inquiry," the CJI observed, adding, "We will not entertain like this."

Also Read: Bengal SIR: Supreme Court calls for robust appeal mechanism

The apex court is already dealing with a batch of pleas related to the Special Intensive Revision (SIR) of the electoral roll in West Bengal.

The West Bengal Assembly polls are scheduled to be held in two phases on April 23 and 29, and the votes will be counted on May 4.

While hearing the West Bengal SIR matter last week, the apex court directed the EC to issue a supplementary revised electoral roll to include the voters whose appeals against the deletion of their names are allowed by appellate tribunals.

Right to vote tied to disposal of appeals

The court said the mere pendency of appeals preferred by the excluded persons before the appellate tribunals shall not entitle them to exercise their right to vote.

Also Read: SC refuses interim inclusion of unverified voters in West Bengal SIR case

"We, therefore, invoke our powers under Article 142 of the Constitution of India and direct the ECI that, wherever the appellate tribunals are able to decide the appeals by April 21, 2026, or April 27, 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.

"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," the bench said in its April 13 order.

The Chief Justice of the Calcutta High Court has set up 19 tribunals headed by former high court chief justices and judges to decide appeals against deletion or exclusion of names from the voters' list.

(With agency inputs)