New Delhi: The Supreme Court on Monday declined to advance the hearing of petitions on West Bengal’s Special Intensive Revision of electoral rolls. The matter stays listed for October 5 — one day before polling in the Nandigram and Rejinagar Assembly byelections.
Counsel told a bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana that the case, earlier expected on September 29, now stood for October 5. More than 18,000 appeals from the two constituencies, they said, were still pending. Electors who had already missed the Assembly election risked missing this vote as well. The Chief Justice’s reply has since defined the moment: “These are only by-elections, that’s all.” The listing was confirmed for October 5.
The phrase is legally spare. Its consequence on the ground is not. A pending appeal does not restore a name to the roll. Voting follows only after a tribunal order and an updated list. A hearing on October 5 cannot clear thousands of files before electronic voting machines are sealed for October 6. For those still off the list, the byelection will close without them.
The statewide record before the Court is larger still. Election Commission affidavits put total appeals at 38.31 lakh: 22.21 lakh by electors seeking restoration after deletion, 16.10 lakh challenging inclusion. About 1.26 lakh had been decided; more than 37 lakh remained pending. In Nandigram, 6,443 appeals and 89 restorations; in Rejinagar, 12,452 appeals and four restorations. Where cases have been heard, restoration has often followed. Capacity has not kept pace with volume. The Commission has asked for more tribunals.
Nandigram and Rejinagar fell vacant after dual-mandate resignations. They will now elect representatives on rolls still unfinished by the appellate process the Court itself set in motion. The contests will not change the government in Kolkata. They will decide who speaks for two constituencies — and whether citizens whose deletions are under challenge can speak at the booth.
October 5 will still hear the larger SIR docket. It will not, in practical terms, reopen the two rolls in time. Petitioners had sought an earlier date for that reason. The window for this round is shut.
“Only by-elections” is how the bench ranked the mention. For voters whose names have not returned, it is the only election on the calendar. A right delayed past polling day is a right that does not count in that count. The Court has not decided any appeal. The timetable has decided who will be absent when the machines open.
