West Bengal SIR: Tribunal delay deepens uncertainty over voter appeals

The special appellate tribunals meant to hear voter-roll appeals under West Bengal's Special Intensive Revision (SIR) process did not begin functioning on Thursday, despite the Election Commission of India (ECI) informing the Supreme Court that they would start work immediately after notification. The state goes to polls on 23 and 29 April, with voter lists scheduled to be frozen by 6 April.

The delay has raised concern across West Bengal because the tribunals were intended to provide swift relief to people whose names were deleted or disputed in the draft electoral rolls, with lakhs of objections already pending.

A meeting on operationalising the tribunals was held on Wednesday evening at the office of the state's chief electoral officer, but ended without resolution. According to local media reports, members of the tribunals — including retired judges — sought clarity from the Commission on several key procedural and logistical issues that remain unresolved.

Among the questions raised were the absence of a standard operating procedure (SOP), the lack of clarity on available infrastructure, and the mechanism to address complaints from voters alleging that booth-level officers (BLOs) refused to accept documents. Tribunal members also stressed that each voter must be given a meaningful opportunity to present their case.

Sources said the Commission was unable to provide satisfactory answers. One retired woman judge reportedly stated that the tribunals could not function if the Commission remained unprepared, a view shared by several others present at the meeting. Another former judge expressed frustration over whether the Commission was genuinely attempting to resolve the issues. The meeting was eventually adjourned, and the Commission has not yet indicated when discussions will resume.

It is learnt that several judges have expressed reluctance to continue under the present conditions, adding a fresh layer of uncertainty to the already delayed process.

Officials said the immediate hurdle lies less in the legal framework and more in the practical requirements needed to make the tribunals functional. Infrastructure constraints have prevented them from beginning work, while requests for exemption from duty by some retired judges have also contributed to the delay.

The ECI had earlier indicated that appeals could be filed both online and physically after publication of the supplementary rolls.

The delay assumes significance because the SIR exercise has already generated a massive volume of claims and objections. The Supreme Court was informed that the number of objections runs into several lakh, with more than 60 lakh objections currently under adjudication in West Bengal. Each day lost reduces the time available for voters to correct errors before the final electoral process advances.

Legal experts say procedural delays could disproportionately affect ordinary voters who may lack the resources or awareness required to navigate multiple rounds of documentation and appeals. If tribunals remain non-functional, voters who were wrongly excluded risk losing valuable time to restore their names to the rolls, potentially affecting their ability to participate in the electoral process.

Senior advocate Saibal Chandra said delays could deepen public scepticism about the fairness of the SIR exercise, particularly because the Supreme Court had directed the creation of independent appellate tribunals precisely to address concerns over exclusions. “If tribunals do not begin functioning on time, people may feel that the remedy exists only on paper,” he said.

Legal observers have also warned that the absence of functioning appellate forums could create administrative bottlenecks at the district level, with complaints piling up and officials facing an increasing burden of unresolved cases. Such delays could complicate efforts to finalise a credible voter list before the next stage of the electoral cycle.

As one court-linked report noted, the tribunals were expected to start functioning from Thursday, but that assurance has yet to translate into operational readiness on the ground.

“Every day’s delay adds to the anxiety of deleted voters,” said senior advocate Swadesh Taral. “When the forum meant to hear appeals does not begin on time, the right to be heard becomes weaker in practice.”

Chandra added that voters require not merely formal notification but an accessible and functional appeals mechanism before their franchise is affected.