SUPREME COURT KEEPS BENGAL’S VOTER-SCRUTINY CONTROVERSY OPEN, SAYS SIR LEGALITY NOT FINALLY SETTLED

October 29, 2026

NEW DELHI, OCTOBER 29, 2026: The Supreme Court has clarified that it has not delivered a final ruling on the legality of the Election Commission of India’s use of the “logical discrepancy” category during the Special Intensive Revision (SIR) of electoral rolls in West Bengal.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana made the observation on Wednesday while hearing a petition concerning transparency in notices issued to voters during the ongoing revision exercise in Delhi.

The clarification came after the Election Commission’s counsel argued that the court had examined the various stages of the SIR process and upheld its validity. Justice Bagchi explained that the court’s earlier decision in the Bihar SIR case did not constitute a final determination of every legal question arising from the exercise.

The bench noted that the “logical discrepancy” category had not initially been part of the Bihar exercise in the same manner and that its use in West Bengal had been permitted as an interim arrangement. The court emphasised that this interim permission should not be interpreted as a conclusive judgment on the category’s legality.

The category is used to flag voter records containing inconsistencies or apparent anomalies requiring further verification. Such cases differ from those involving voters whose records cannot be linked to earlier electoral rolls.

Justice Bagchi cautioned against treating oral judicial observations as final decisions, particularly in sensitive matters where comments can be quoted without their full context.

The clarification leaves the legal question surrounding the “logical discrepancy” mechanism unresolved at this stage. It also underscores the distinction between allowing an administrative measure to operate temporarily and issuing a final judicial ruling on its legality.