West Bengal Chief Minister Mamata Banerjee on Wednesday became the first serving chief minister to personally argue a case before the Supreme Court, seeking judicial intervention in the Special Intensive Revision (SIR) of electoral rolls in her state.
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Addressing the court, Banerjee alleged that West Bengal was being selectively targeted, warning that the ongoing exercise risked disenfranchising genuine voters ahead of elections.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi took note of Banerjee’s petition and observed that “genuine persons must remain on the electoral roll.”
The bench issued notices to the Election Commission of India and the Chief Electoral Officer of West Bengal, directing them to file their responses by February 9.
Significantly, the Chief Justice asked the poll panel to ensure that booth-level officers and electoral roll officials act sensitively, particularly in cases involving minor discrepancies such as spelling variations.
‘Not Fighting for My Party’: CM’s Emotional Appeal
Seeking permission to address the court for five minutes, Banerjee was instead granted 15 minutes by the Chief Justice.
“The problem is our lawyers always fought our case from the beginning but when everything is finished, we are not getting justice… I am a bonded labourer, sir… I am from a common family and I am not fighting for my party,” she told the bench.
She repeatedly alleged that “West Bengal is being targeted”, questioning why similar standards were not being applied in other states such as Assam.
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During her submissions, Banerjee referred to the Election Commission as a “WhatsApp Commission”, in an apparent reference to directions allegedly being communicated to electoral officials through instant messaging platforms.
She also told the court that she had written six letters to the Election Commission on the SIR process but received no response.
At the conclusion of her submissions, Banerjee thanked the bench for allowing her to argue in person and urged it to “save democracy.”
Challenge to ‘Logical Discrepancy’ Criteria
Banerjee has sought directions allowing Aadhaar cards to be accepted as valid proof of identity, particularly in cases flagged for so-called “logical discrepancies.”
Such discrepancies include mismatches in parents’ names, age gaps of less than 15 years or more than 50 years between parents and voters, and spelling variations between older and current electoral rolls.
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Senior advocate Shyam Divan, appearing for the state, warned that 1.36 crore voters had received notices and that the revision process was nearing its February 14 deadline, leaving little time for corrective action.
Allegations of Exclusion and Administrative Strain
Taking the argument further, Banerjee alleged that in some instances living voters had been declared dead, asserting that the SIR exercise appeared focused on deletion rather than inclusion.
She highlighted difficulties faced by citizens during the exercise and said relief came only after the Supreme Court earlier allowed Aadhaar to be included as one of the supporting documents — a direction she claimed was not being followed consistently.
“In other states, documents like domicile certificates and family register cards are allowed… they are only targeting Bengal on the eve of elections,” she said.
Election Commission Responds
Senior advocate Rakesh Dwivedi, appearing for the Election Commission, disputed the allegations and said the West Bengal government had provided 80 Grade-II officers to oversee the process.
Banerjee contested the claim, insisting the state had supplied everything sought by the commission.
When interruptions occurred during her submissions, Banerjee folded her hands and said, “Please allow me to speak, sir!” The Chief Justice intervened, remarking, “Madam has come all the way to speak.”
Court Notes Language and Name Variations
During the hearing, the bench acknowledged practical issues arising from language differences, observing that names in Bengali dialects may be misspelt when transliterated into English, and such errors could be rectified easily.
The Chief Justice underlined that every problem could be solved, provided authorities ensured that no innocent voter was excluded.