SC Directs ECI to Release List of Names who were Issued Notices for “Logical Discrepancy” under SIR in WB

Manas Dasgupta

NEW DELHI, Jan 19: In a sort of mini victory for the West Bengal ruling party the Trinamool Congress, the Supreme Court on Monday directed the Election Commission of India (ECI) to release the names of voters who have received notices under the “logical discrepancy” category under the “Special Intensive Revision” (SIR) of the voters list in the state.

Noting that the Election Commission must understand the “stress” people were  undergoing due to the ongoing “SIR” exercise he Supreme Court asked the poll body to release the names of about 1.25 crore people who have been served notices under this category. These names, the court said, should be displayed at gram panchayats, block offices and the ward offices, and those served notices should be granted more time to submit documents.

The Election Commission has issued notices to three categories of voters — mapped, unmapped and those with logical discrepancies. The mapped category includes those whose records have been linked to voter data, but require further verification. The ‘unmapped’ category includes voters whose records were not found linked to electoral data.

The ‘logical discrepancy’ category has people who have received notices for inconsistencies such as a mismatch in parents’ names, different spellings, and implausible age gaps between children and parents. The court also said adequate manpower must be deployed during hearings, and local authorities should provide receipts for documents received and share reasons for a final decision on objections raised.

The Supreme Court on Monday heard petitions from Trinamool Congress leaders alleging discrepancies in the conduct of the SIR in West Bengal, which led to exclusions from the electoral roll.

The Mamata Banerjee-led Trinamool Congress government has strongly opposed the SIR exercise and alleged that it was a ploy to delete the names of legitimate voters ahead of the upcoming state polls. “The factor of ‘logical discrepancy’ was not mentioned at the beginning of the SIR process. It was introduced later with the sole intention of deleting the names of genuine voters,” Banerjee said.

Following the top court’s ruling on Monday, the TMC general secretary and Ms Banerjee’s nephew Abhishek Banerjee said the “BJP’s SIR game is over”. “One crore names that were targeted to be struck off have been saved, and the victory belongs to the people of Bengal. Our voting rights were being threatened, but the Supreme Court has given them a firm rebuke.”

Appearing for Trinamool Congress leader Derek O’Brien, Senior Advocate Kapil Sibal told the bench that people were being served notices under the ‘logical discrepancy’ category for the age gap between them and their grandparents. He also said the number of venues for hearings is 300, but about 1,900 are required. “They say that if Ganguli is spelled differently, they omit the name. My lord knows that Datta is spelt differently. They are issuing notice with the aim to exclude names,” he told the bench of Chief Justice Surya Kant, Justice Dipankar Datta and Justice Joymalya Bagchi.

At one point, Senior Advocate Rakesh Dwivedi, appearing for the Election Commission, said there were cases of a 15-year age difference between parents and children. Justice Bagchi responded, “How can 15 years age gap between mother and son be a logical discrepancy? We are not in a country where child marriages are not a reality.” Among those issued notices under the ‘logical discrepancy’ category is economist and Nobel laureate Amartya Sen.

Justice Bagchi noted that over 1 crore people were notified. “Please understand the stress people are suffering. We will issue directions where needed,” he said. At one point, Senior Advocate Dwivedi also remarked that if the poll body cannot be trusted, the exercise must be stopped.

Mr Dwivedi had earlier argued that the Election Commission’s role in the SIR process was limited to verifying citizenship for inclusion in electoral rolls, and it did not automatically lead to deportation. He said the question of deportation remains under the Centre’s domain.

The Election Commission had earlier extended the dates for submitting objections against the SIR process till January 19, 2026. Protests were reported in West Bengal over the SIR hearing process on January 16, 2026, during which two offices of Block Development Officers (BDO) were attacked over two days.

Senior Advocate Kalyan Bandhopadhyay, for West Bengal, said even admit cards issued by the West Bengal Secondary School Education were not being accepted. Justice Dipankar Datta reasons with the EC that at the time officers accept documents, they have to be verified. CJI Kant directed a receipt to be given to electors or their authorised representatives.