Excluded from Voter List? You can now submit fresh Proof on Appeal, rules Supreme Court in Bengal SIR Case

In a key procedural shift in the West Bengal electoral roll revision dispute, the Supreme Court has permitted Appellate Tribunals to consider fresh documents in appeals against voter exclusions, provided their authenticity is verified. The modification of its earlier restriction is significant, as it widens the evidentiary scope for aggrieved voters while maintaining safeguards against misuse.

The controversy arose during the Special Intensive Revision (SIR) exercise, where large-scale inclusions and exclusions from electoral rolls triggered litigation. Initially, the Court had barred Tribunals from accepting any new material not placed before adjudicating officers. However, petitioners argued that this rigid approach could prejudice genuine claimants unable to produce documents earlier.

The Election Commission informed the Court that multiple Appellate Tribunals headed by former High Court judges were operational, handling lakhs of claims daily, with disposal nearing completion.

Revisiting its earlier stance, the Bench clarified that fresh documents may be entertained, but only after due scrutiny of their authenticity. It emphasised that transparency in decision-making is crucial, directing that reasons recorded by adjudicating officers must be made available to parties. As the Court noted, “The Appellate Tribunal will not entertain fresh documents without verifying the genuineness of such documents.”

It further underlined that tribunals retain the power to correct wrongful exclusions or inclusions, ensuring the integrity of the electoral process.

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