'Will Get A Report From High Court CJ Today': SC On 'Non-Functioning' Of Appellate Tribunals In Bengal

New Delhi: The Supreme Court on Monday said it will seek a report from the Chief Justice of the Calcutta High Court after a counsel insisted before a bench led by Chief Justice of India Surya Kant that the appellate tribunals are not functioning.

The appellate tribunals were constituted to hear appeals filed against exclusions/inclusions in the electoral rolls of West Bengal after the special intensive revision (SIR) exercise carried out by the Election Commission.

Senior advocate Devadatt Kamat mentioned the matter before the bench, which also comprised Justice Joymalya Bagchi. Kamat contended before the bench that the appellate tribunals are not allowing lawyers to represent parties and are not accepting physical applications.

“Lawyers have not been allowed. My lords, they only take internet or computer-based applications…”. The bench observed that this is not correct. Kamat insisted that citizens are not being allowed to represent themselves. “This is a professional strategy from this side. Every day you people, one after the other,” observed the CJI.

Kamat said he was making a request regarding an application and urged the bench to list the matter. The bench said it would look into the request. Kamat said there are newspaper reports regarding the non-functioning of the appellate tribunals, and they are not functioning despite the apex court's orders.

Can’t have a fishing inquiry: SC

The bench led by the CJI said, “We can’t have a fishing inquiry,” after it was mentioned that 5-7 lakh voters had allegedly been added by the Election Commission (EC) in poll-bound West Bengal.

The apex court is already dealing with a batch of pleas concerning the SIR of the electoral roll in the state. During the brief hearing, senior advocate Menaka Guruswamy mentioned the matter before a bench also comprising Justice Joymalya Bagchi.

The senior counsel cited media reports and stressed that there was an addition of nearly five to seven lakh voters in West Bengal using Form 6. The CJI told Guruswamy, “You challenge it, we will see.”

Guruswamy contended 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. The CJI added, “We will not entertain like this.”

Guruswamy said adding voters through Form 6 is not permissible after the cut-off date. She added that so many voters would have an impact on the upcoming polls in the state.

“Your lordships' orders are not being followed. That is my respectful submission,” said Kamat. “We will get a report from the chief justice today itself”, said the CJI. After hearing brief submissions, the bench moved on to the next matter.

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

Last week, the Supreme Court had directed the Election Commission to issue a supplementary revised electoral roll for the electors whose claims against alleged wrongful exclusion were decided in their favour, by April 21 and April 27, just ahead of the two-phase assembly polls in West Bengal.

A bench led by CJI, in an April 13 order, said: “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 21.04.2026 or 27.04.2026, 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," said the bench.

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

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