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SC Declines Article 32 Challenge to ECI’s “Logical Discrepancy” Tag in West Bengal Electoral Roll Revision; Grants Liberty to Represent Before Commission

SC Declines Article 32 Challenge to ECI’s “Logical Discrepancy” Tag in West Bengal Electoral Roll Revision; Grants Liberty to Represent Before Commission

Evan V



The Supreme Court of India on Monday declined to entertain a writ petition assailing the Election Commission’s “Logical Discrepancy” category applied during the Special Intensive Revision (SIR) of electoral rolls in West Bengal, observing that the plea was not maintainable in the Court’s Article 32 jurisdiction.

 

A Three Judge Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi questioned the propriety of invoking Article 32 for what essentially involved factual verification issues in voter particulars. The Chief Justice remarked: "In Article 32, you want us to decide who is your father, your mother, your brother?"

 

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While dismissing the petition, the Court granted liberty to the petitioner to raise objections before the prescribed authority of the Election Commission of India (ECI). The order recorded: " We see no grounds to entertain this writ petition...the petitioner, however, has a right to submit his objections, which shall be considered by the prescribed authorities strictly in accordance with law."

 

The petitioner sought a declaration that the application of the “Logical Discrepancy” criterion in the West Bengal SIR was unconstitutional—contending it was ultra vires Articles 14 and 324—and also assailed the notice issued to him pursuant to the said criterion.

 

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According to the challenge, electors placed under the “Logical Discrepancy” bucket are flagged for mismatches/anomalies in voter particulars (such as spelling variations, inconsistencies in parental/age details, or other data irregularities identified through system-based checks). They are thereafter called for quasi-judicial verification proceedings.

 

The Bench also noted the broader context: in a separate batch of petitions concerning the West Bengal SIR, the Supreme Court had issued directions on January 19, 2026 requiring that verification of persons placed in the “logical discrepancies” category be carried out transparently and without causing undue stress or inconvenience to electors.

 

Case Title: MD ZIMFARHAD NOWAJ vs Election Commission of India 

Case No: W.P.(C) No. 000161/2026.

Bench: Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi

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