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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


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)

Judgement Key Points

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

  1. 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 (!) .

  2. 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 (!) (!) .

  3. 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 (!) (!) .

  4. 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 (!) (!) .

  5. 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 (!) .

  6. 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 (!) (!) .

  7. 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 (!) .

  8. 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 (!) .

  9. 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 (!) (!) .

  10. 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

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