Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(SC) 265

SUPREME COURT OF INDIA
, CJ, MR. JOYMALYA BAGCHI, J, MR. N.V. ANJARIA, J
MOSTARI BANU – Appellant
Versus
THE ELECTION COMMISSION OF INDIA & ORS. – Respondent
Writ Petition(s)(Civil) No(s). 1089/2025 | W.P.(C) No. 126/2026 | W.P.(C) No. 129/2026 | W.P.(C) No. 737/2025 | W.P.(C) No. 1074/2025 | W.P.(C) No. 1088/2025 | W.P.(C) No. 1216/2025 | Writ Petition(s)(Civil) No(s). 159/2026 | Petition(s)(Civil) No(s). 119/2026

Advocates:
For the Appellants/Petitioners: Mr. V. Giri, Sr. Adv., Ms. Sanjana Saddy, AOR, Mr. Abhishek Manu Singhvi, Sr. Adv., Mr. Prashanto Chandra Sen, Sr. Adv., Mr. Muhammad Ali Khan, Adv., ... (and others)
For the Respondents: Mr. Dama Seshadri Naidu, Sr. Adv., Mr. Prateek Kumar, AOR, Mr. Abhinav Thakur, Adv., Mr. Deepak Sharma, Adv., ... (and others)

The court emphasized the need for proper staffing by the State to assist the Election Commission in electoral processes, affirming the authority of electoral officers in decision-making.

Headnote:The Supreme Court, in the PILs filed regarding the electoral process, elucidated on the need for adequate manpower to support the Election Commission of India (ECI) during scrutiny, emphasizing the final authority of EROs. The Court also reviewed the State's compliance regarding officer deployment and the impact on procedures. The central issue pertained to the deployment and responsibility of Group B officers from the State in the SIR process, ensuring lawful conduct and scrutinizing complaints made. The Court ordered for further examinations and set timelines for officer reporting, securing an effective electoral process.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

The Supreme Court emphasized the importance of adequate staffing by the State to support the Election Commission of India (ECI) during electoral processes, reaffirming that electoral officers (EROs and AEROs) hold the final authority in decision-making (!) .
The Court acknowledged that the State of West Bengal had initially failed to provide sufficient manpower, including officers capable of performing quasi-judicial duties, to assist the ECI in the scrutiny process (SIR). However, the Chief Minister of West Bengal expressed willingness to supply the required officers (!) (!) .
A list of 8,505 Group B officers from the State Government was submitted to the Court, with the State awaiting the ECI’s confirmation of the need for these officers. The list was eventually handed over to the Court and the ECI’s counsel (!) (!) .
The Court directed the State to ensure all 8,505 officers report to the District Electoral Officers by a specified deadline, and authorized the ECI to replace existing officers if necessary, based on performance and suitability (!) (!) .
The officers from the list may be shortlisted after a brief review of their bio-data or experience, and given minimal training to assist EROs/AEROs, alongside micro-observers already engaged (!) .
The Court clarified that micro-observers and government officers/officials would only assist the statutory authorities, with the final decision resting with the EROs/AEROs. Their role is limited to assistance, not decision-making authority (!) (!) .
Due to potential delays in document scrutiny, the Court extended the timeline for EROs/AEROs to complete their review by at least one week beyond the original deadline (!) .
The Court addressed allegations regarding law and order issues, including the non-registration of FIRs related to unlawful activities. It directed the Director General of Police to file a personal affidavit explaining these concerns and reminded authorities of their duty to maintain law and order (!) .
Affected persons must be allowed to rely on all documents referred to in the notices served by the ECI, and EROs are mandated to consider objections received, whether or not personal hearings are requested. The authenticity of documents can be verified similarly to other submitted evidence (!) (!) .
The Court scheduled the next hearing for 20.02.2026 to review the progress and compliance with the directions issued (!) .

Would you like a more detailed analysis or specific legal advice based on these points?

ORDER

1. In continuation of the order dated 04.02.2026, we have heard a battery of senior counsel on behalf of the State of West Bengal, other writ petitioners in the connected matters. Similarly, we have heard Mr. Dama Seshadri Naidu, learned senior counsel on behalf of the Election Commission of India (ECI), and other learned senior counsel representing the parties. Mr. Tushar Mehta, learned Solicitor General of India, has also assisted us in W.P. (Civil) No. 1216/2025 and sought to make a pointed reference to the counter affidavit(s) filed by the ECI.

2. At the outset, it may be noted that on the previous date of hearing, i.e., 04.02.2026, Ms. Mamata Banerjee, Chief Minister of the State of West Bengal, also appeared along with her senior counsel in W.P. (C) No. 129 of 2026, filed by her. During the course of the hearing, when an objection regarding the deployment of micro-observers by the ECI was raised, the learned senior counsel representing the ECI pointed out that, despite repeated requests, the State Government had failed to provide adequate manpower, including certain categories of officers/officials competent to discharge quasi-judicial/assisting duties, to the ECI for the completion of the SIR process.

3. On this count, the Chief Minister of the State made a statement before this Court that she was willing to provide the necessary number of State Government officers/officials who are competent to perform these duties.

4. In purported compliance with the statement made before this Court, we have been shown during the course of the hearing that, on 07.02.2026, the Advocate on Record in W.P. (C) No. 129 of 2026 informed the senior counsel for the ECI that the State Government is ready and willing to make available 8505 Group B officers of the State Government and/or its instrumentalities for the SIR exercise in West Bengal. In the mail, the ECI was required to confirm the need for such Group B officers, and it was stated that the requisite particulars of these officers shall be shared with the ECI.

5. During the course of the hearing, when inquired, it was fairly stated on behalf of the State of West Bengal/the Chief Minister of the State that the list containing particulars of 8505 Group B officers/officials had not been sent to the ECI, as they were awaiting the consent of the Commission in terms of the mail dated 07.02.2026. However, during the course of the hearing, the list of the aforestated Group B officers, working in different departments of the State Government, was handed over to Mr. Dama Seshadri Naidu, learned senior counsel representing the ECI. That list has also been placed on record before us.

6. Be that as it may, to streamline the ongoing SIR process and address some of the apprehensions expressed by various stakeholders, while reiterating our directions issued on 19.01.2026, we deem it appropriate to issue the following additional directions:

(i) Let the State Government ensure that all 8505 Group B officers/officials, whose list was handed over to the Court today, report to the District Electoral Officers/EROs by 5:00 p.m. tomorrow.

(ii) The ECI shall have the discretion to replace the existing EROs/AEROs and utilise the services of the officers who have now been placed on deputation with the ECI, subject to their suitability for the quasi-judicial or semi-quasi-judicial responsibility. The ECI shall be at liberty to replace the officers who have been prima facie found to have failed to perform their duties.

(iii) In so far as the 8505 officers/officials enumerated on the aforementioned list submitted, the ECI, after briefly scrutinising their bio-data or work experience, may shortlist these officers/officials to a number equivalent to the strength of micro- observers already engaged. These State Government officers/officials may be imparted a brief training of a day or so to assist the EROs/AEROs, along with the micro-observers who have already been engaged.

(iv) On behalf of the petitioners, reference has

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