Apex court said legality of 'logical discrepancy' category remained undecided, with earlier permission granted only as interim arrangement
Apex court said legality of 'logical discrepancy' category remained undecided, with earlier permission granted only as interim arrangementxsm

'SC must restore previous elected govt in Bengal', Abhishek Banerjee after court's SIR observations

TMC MP questioned legitimacy of BJP-led state government after Supreme Court clarified its SIR ruling was not final

Trinamool Congress MP Abhishek Banerjee on Wednesday questioned the electoral legitimacy of the BJP-led government in West Bengal and urged the Supreme Court to restore the previous TMC administration and order fresh Assembly elections within six months.

His remarks followed the Supreme Court's clarification that it had not yet delivered a final ruling on the legality of the Election Commission's use of the "logical discrepancy" category during the Special Intensive Revision (SIR) of electoral rolls in West Bengal.

Reacting to a report on the court's observations, the Diamond Harbour MP alleged that the present state government had been formed on the basis of a manipulated electoral mandate and should therefore be treated as an interim administration.

"What a convenient democracy! If a manipulated mandate can produce a full fledged government, what remains of electoral legitimacy? By this logic, the present State Government should be treated as INTERIM," Banerjee wrote on social media.

He demanded that the court intervene to restore the previous elected government and ensure that voters allegedly excluded from electoral rolls were given an opportunity to participate in fresh elections.

"The SC must restore the previous elected government in West Bengal and direct fresh elections within six months, ensuring that every eligible voter wrongfully excluded from the electoral rolls is reinstated," he said.

Banerjee added, "Otherwise, the only thing LOGICAL about this reasoning is how conveniently it overlooks the DISCREPANCIES."

๐—ฆ๐—– ๐—ฐ๐—น๐—ฎ๐—ฟ๐—ถ๐—ณ๐—ถ๐—ฒ๐˜€ ๐—ฒ๐—ฎ๐—ฟ๐—น๐—ถ๐—ฒ๐—ฟ ๐—ผ๐—ฟ๐—ฑ๐—ฒ๐—ฟ

The Supreme Court's observations came during a hearing concerning alleged lack of transparency in notices issued to voters during the ongoing SIR exercise in Delhi.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana clarified that its earlier permission to use the "logical discrepancy" category in West Bengal was an interim arrangement and did not constitute a final judicial determination of its legality.

Senior advocate D S Naidu, appearing for the Election Commission, submitted that the court had previously examined various stages of the SIR process and upheld its validity.

Justice Bagchi, however, distinguished the earlier proceedings from the legal questions currently before the court.

"Bihar is not a final determination of every question arising in these proceedings. In Bihar, the Election Commission had not initially undertaken logical discrepancy as a category. We permitted it as an interim arrangement in West Bengal. We have not finally adjudicated upon the legality of the logical discrepancy exercise," he observed.

The judge also cautioned against interpreting oral observations as conclusive judicial findings, particularly in sensitive matters.

๐—ฉ๐—ผ๐˜๐—ฒ๐—ฟ ๐˜€๐—ฐ๐—ฟ๐˜‚๐˜๐—ถ๐—ป๐˜† ๐˜‚๐—ป๐—ฑ๐—ฒ๐—ฟ ๐—พ๐˜‚๐—ฒ๐˜€๐˜๐—ถ๐—ผ๐—ป

The "logical discrepancy" category is used by the Election Commission to identify apparent inconsistencies in electoral records that require further verification.

Such discrepancies may involve information relating to voters' personal details or family records, even where their entries have been linked to earlier electoral rolls.

During the hearing, Justice Bagchi questioned the basis for reopening entries of voters whose names had already appeared on the 2003 electoral rolls.

The court indicated that the legality of the category would require further examination and that its earlier orders should not be interpreted as having conclusively settled the matter.

๐—ฃ๐—ผ๐—น๐—ถ๐˜๐—ถ๐—ฐ๐—ฎ๐—น ๐—ฟ๐—ผ๐˜„ ๐—ถ๐—ป๐˜๐—ฒ๐—ป๐˜€๐—ถ๐—ณ๐—ถ๐—ฒ๐˜€

Banerjee's demand has brought the dispute over electoral roll revisions back into the political spotlight following the BJP's victory in the 2026 West Bengal Assembly elections.

The TMC has questioned the impact of voter exclusions on the electoral outcome, while the BJP has defended the revision exercise as necessary for maintaining accurate voter lists.

However, the Supreme Court's clarification concerned the unresolved legality of a particular verification category. It did not amount to a finding that the West Bengal election was invalid or that the state government lacked a legitimate mandate.

Banerjee's call for restoring the previous government and holding fresh elections therefore remains a political demand rather than a direction issued by the apex court.

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