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Former Calcutta HC Chief Justice Resigns from SIR Tribunal Amid Voter List Controversy
In a significant development for West Bengal's electoral processes, former Chief Justice of the , Justice TS Sivagnanam, has resigned from his position as a single-member Appellate Tribunal constituted to hear appeals related to deletions from the state's electoral rolls during the Special Intensive Revision (SIR) exercise. The resignation, tendered on and citing personal reasons, comes in the wake of the recently concluded 2026 West Bengal Assembly Elections and raises fresh concerns over delays in resolving the grievances of lakhs of affected voters. Justice Sivagnanam, who also headed a three-member oversight panel of retired judges appointed by the , was among 19 retired judges notified by the in following apex court directives.
This move unfolds against the backdrop of a highly contentious SIR process that saw over 90 lakh names—approximately 12% of the state's electorate—deleted from the voter lists ahead of the polls held in two phases on . While around 27 lakh individuals challenged their exclusions, only 136 were reinstated through the appellate mechanism in time for voting, underscoring the scale of the challenge and the limited efficacy of the expedited judicial process.
Background: The SIR Exercise and Supreme Court Directives
The Special Intensive Revision (SIR) of electoral rolls in West Bengal was initiated by the ECI as part of pre-poll preparations to cleanse voter lists of duplicates, deceased persons, and shifted voters. However, the exercise drew sharp criticism for its massive scale, with political parties alleging targeted deletions to disenfranchise certain voter blocs. This led to a flurry of legal challenges, culminating in intervention in .
The apex court ordered the deployment of judicial officers to adjudicate initial claims of wrongful deletions and mandated the appointment of retired high court judges as appellate tribunals to hear appeals against those decisions. Justice Sivagnanam was designated as one such appellate authority, with his tribunal handling a significant caseload, including high-profile matters directed for out-of-turn hearings. The court's directives emphasized expeditious disposal to ensure no eligible voter was deprived of their franchise under , which guarantees .
"Pertinently, only 136 out of the lakhs of voters who appealed had been added to the electoral roll through the appellate process in time for the West Bengal Assembly Elections 2026,"
noted reports from Live Law, highlighting the bottleneck despite judicial oversight.
Justice Sivagnanam's Pivotal Role
Justice TS Sivagnanam, who retired as Chief Justice of the in after a two-year tenure, brought substantial experience to the role. Beyond serving as an Appellate Tribunal, he headed a three-member panel of retired judges constituted by the to supervise the tribunal's operations. This dual responsibility positioned him at the epicenter of the SIR appellate framework.
Notably, the specifically assigned special hearings before his tribunal to prominent appellants, including Suprabuddha Sen, grandson of renowned artist Nandalal Bose, and Congress candidate Motab Shaikh, who went on to win the Farakka Assembly seat. These out-of-turn directives underscored the urgency attached to certain cases, with Justice Sivagnanam's tribunal accepting and processing the appeals.
His resignation letter, addressed to Chief Justice Justice Sujoy Paul and copied to the ECI and West Bengal's , stated personal reasons as the cause. “I have resigned owing to personal reasons,” Justice Sivagnanam confirmed to The Indian Express, marking a concise yet firm exit from the process.
The Resignation: Citing Personal Reasons
Announced on Thursday, —mere days after poll results were declared on —the resignation has prompted speculation on its timing and implications. Sources from the 's office confirmed the issuance of a relief letter, formally accepting his step-down. While personal reasons were cited without elaboration, the development occurs as the bulk of appeals remain pending, potentially exacerbating backlogs.
This is not an isolated exit; the sources also mention the ECI relieving key poll officials post-elections, including Manoj Kumar Agarwal, special poll observer Subrata Gupta, and special police observer NK Mishra. These moves signal a wind-down of the election machinery, but Justice Sivagnanam's departure stands out due to its direct bearing on unresolved judicial matters.
Scale of Deletions and Appellate Outcomes
The SIR exercise's numbers paint a stark picture: over 90 lakh deletions from a voter base exceeding 7 crore, triggering 27 lakh appeals. The two-tier mechanism—judicial officers for first instance, retired judges for appeals—processed a fraction of these, with just 136 reinstatements before polling day. Former judge Justice Sahidullah Munshi and his family exemplify a rare success, reinstated post-appeal before his tribunal.
The low success rate has fueled debates on the process's fairness, with critics arguing it failed to safeguard voter rights adequately. The ECI defended the revisions as necessary for accuracy, but the appellate tribunals' outcomes suggest procedural hurdles, including time constraints ahead of the polls.
Notable Appeals and Reinstatements
High-profile cases underscore the tribunals' role. Justice Sahidullah Munshi's reinstatement highlighted judicial peers' vulnerability to deletions. Similarly, Motab Shaikh's successful out-of-turn appeal enabled his candidacy and victory, while Suprabuddha Sen's matter tested the system's prioritization protocols. These instances, though few, demonstrate the mechanism's potential when activated, yet the overall 136 figure reveals systemic strains.
Post-Election Developments
With results declared for 293 of 294 constituencies on (BJP sweeping to power for the first time), the ECI lifted the statewide except for Falta in South 24 Parganas, where re-polling is scheduled for due to alleged malpractices on . Counting there will follow on . The polls were lauded for high turnout and relative peace, crediting behind-the-scenes coordination by officials like Agarwal, Gupta, and Mishra, who were relieved Thursday.
Legal Implications and Potential Delays
Legally, Justice Sivagnanam's resignation—if accepted by the —could delay pending appeals, violating the apex court's emphasis on time-bound disposal. Under the , electoral roll finality is crucial, but post-poll reinstatements remain possible for future exercises. This scenario implicates , non-arbitrariness (Art. 14), and voting as a fundamental right.
The oversight panel's headship vacancy may necessitate reconstitution, straining retired judges' availability. Legal experts may view this as a cautionary tale on ad-hoc tribunals' sustainability, potentially prompting guidelines on tenure and succession.
Broader Ramifications for Electoral Law and Practice
For legal professionals, this episode illuminates challenges in electoral litigation: mass-scale revisions risk disenfranchisement; judicial supplementation aids but overwhelms. Future SIRs may require digitized appeals or expanded benches. It also spotlights retired judges' roles in quasi-judicial functions, balancing expertise against burnout.
In West Bengal's history of poll violence, the 2026 elections' peace (unprecedented turnout) contrasts SIR acrimony, influencing political narratives. Nationally, it may spur ECI reforms, echoing past SC rulings like on voter verification.
Election lawyers should monitor SC responses; firms handling franchise disputes may see increased briefs. The saga reinforces electoral law's dynamism, where judicial interventions safeguard democracy amid administrative exigencies.
Conclusion
Justice Sivagnanam's resignation caps a tumultuous SIR chapter, leaving unresolved appeals and lessons for electoral integrity. As West Bengal transitions post-polls, stakeholders await ECI and SC actions to address the disenfranchised, ensuring the vote's sanctity endures. This development not only closes one tribunal's book but opens discourse on robust appellate safeguards in India's electoral framework.
