A Bench headed by Chief Justice of India Surya Kant, with Justices Joymalya Bagchi and Vipul Pancholi, heard Banerjee’s writ petition challenging the SIR exercise initiated by the Election Commission of India (ECI). While senior advocate Shyam Divan argued the legal issues, Banerjee made brief oral submissions — a rare instance of a sitting Chief Minister addressing the apex court.
Banerjee claimed the SIR process was “not for inclusion but for deletion”, alleging that women who changed surnames after marriage, migrants and poor citizens were being removed from voter lists over minor “logical discrepancies”. She alleged that 58 lakh voters had been deleted, living persons declared dead, and voters denied the right to appeal.
She further alleged selective targeting of West Bengal, questioning the timing of the revision after 24 years and its conduct during festival and harvest seasons. “Why only Bengal? Why not Assam or the North-East?” she asked, also alleging harassment of Booth Level Officers and claiming over 100 deaths linked to the process.
A major point of dispute was the appointment of over 8,000 micro-observers, which Banerjee alleged had superseded the authority of Electoral Registration Officers and BLOs. She claimed the ECI was issuing informal instructions through WhatsApp and refusing to accept Aadhaar as valid proof, unlike in other States.
Appearing for the ECI, senior advocate Rakesh Dwivedi said micro-observers were lawfully appointed due to the State government’s failure to provide sufficient Group B officers despite repeated requests. Senior advocate Dama Seshadri Naidu alleged non-cooperation by the State administration.
The CJI noted that Aadhaar had “its own limitations” and said judgment on the legality of SIR was reserved. However, he stressed that genuine voters must not be excluded over minor spelling mismatches, especially arising from transliteration of Bengali names.
The Bench issued notice to the ECI on Banerjee’s plea, seeking its response by Monday, and indicated that micro-observers could be relieved if the State provides officers for SIR duties. A PIL seeking protection for ECI officials will be heard along with the matter next week.
Banerjee has sought to quash the SIR notifications and requested that the 2026 Assembly elections be held on the basis of the 2025 electoral rolls.
During the arguments, argued the CM that 58 lakh voters have been deleted – they did not have option to appeal. Only Bengal is being targeted- to bulldoze WB people. LD case – not to be deleted. They should be cleared by DO and ERO, not by micro observers
CJI: Probably once officers are made available, micro observers won’t be required. [to ECI] Tell your officers also to be sensitive and not issue notice to… Order: During the hearing, it is pointed out by ld. SG that ECI has filed counter affidavit in…which may have some bearing…ordered to be taken up with these cases on Monday
CM: Sir we are very grateful.
CM Mamata Banerjee: SIR process is only for deletion. Mismatch not only in title sir…unplanned…suppose daughter after marriage goes to in-laws house…why she is using husband’s title…that is also mismatch
CJI: That can’t be
CM Mamata Banerjee: That’s what they have done…there are some daughters who shifted to in-laws house…their names also deleted…sometimes poor people shift…because of logical discrepancy…Bengal people are so happy that this court gave order that Aadhaar will be one of documents…other states, domicile certificate is allowed…caste certificate is allowed…they only targetted Bengal on eve of elections. 4 states going to elections, why after 24 years, what was the hurry to do in 3 months? When harvesting season is there…when people are travelling…more than 100 people died! BLOs died, so many are hospitalized. Why not Assam?
CJI: Today, in your petition, addl issues are being flagged. Genuine persons must remain. Among them, one of the ground…we are thankful to you that in your petition, this issue has been raised that because of local dialect…nowadays AI assistance causing…we will find out a solution is this is happening. By virtue of this kind of issue, genuine elector must not be excluded
CM Mamata Banerjee: May I explain, I am from that state…I am here because of your kindness…my regards to the bench…thank you very much…humble regards to opposing lawyers also…problem is – when everything is finished, when we are not getting justice, when justice is crying behind the door – then we thought we are not getting justice anywhere. I have written letters to ECI…I am a very less important person, I am not fighting for my party
