“Justice is Crying Behind Closed Doors”: Mamata Banerjee Argues in Person as Supreme Court Confronts ECI Over West Bengal Voter Purge

By Admin Supreme Court
6 Min Read

NEW DELHI — In a day of high-voltage judicial drama that will likely be recorded as a watershed moment in Indian electoral history, West Bengal Chief Minister Mamata Banerjee appeared in person before the Supreme Court on Wednesday, February 4, 2026. Transitioning from her role as an administrator to that of a petitioner-advocate, Banerjee became the first sitting Chief Minister to personally present arguments before the apex court.

Addressing a Bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M. Pancholi, Banerjee alleged a “calculated conspiracy” by the Election Commission of India (ECI) to “bulldoze” the democratic rights of West Bengal’s citizens through the ongoing Special Intensive Revision (SIR) of electoral rolls.

The “WhatsApp Commission” and the 58 Lakh Deletions

Clad in her signature white cotton saree and a black shawl, the Chief Minister moved an interlocutory application to address the Bench directly, leveraging her background as a trained advocate. Her primary submission was a scathing indictment of the ECI’s methodology, which she claimed has devolved into an unaccountable digital exercise.

“The Election Commission—sorry, the ‘WhatsApp Commission’—is doing all this. When justice is crying behind closed doors, we feel we are not getting justice anywhere. I am not fighting for my party; I am fighting for the people’s right to exist in a democracy,” Banerjee told the hushed courtroom.

Key procedural lapses highlighted by Banerjee and her counsel, Senior Advocate Shyam Divan:

  • Massive Erasure: The petitioners informed the court that a staggering 58 lakh (5.8 million) voters have already been deleted from the draft rolls.
  • The “Logical Discrepancy” Trap: Over 1.36 crore entries (nearly 20% of the state’s total electorate) have been flagged under “logical discrepancies.” These include minor variations in spelling or age gaps between generations that an AI algorithm deems “improbable.”
  • Targeting Women: Banerjee pointed out that many women are being flagged because their surnames changed after marriage. “If a daughter moves to her in-laws’ house and uses her husband’s title, it is flagged as a discrepancy. They are being deleted for simply following tradition,” she argued.
  • Informal Directives: The term “WhatsApp Commission” was coined to describe allegations that ECI officials were bypassing formal channels and issuing instructions for name deletions via private messaging groups, leaving no legal paper trail for appeals.

“Tagore is Tagore”: Judicial Observations on Identity

The Supreme Court Bench, while acknowledging the need for a clean voter list, appeared increasingly concerned with the rigidity of the ECI’s current verification process.

CJI Surya Kant made a pointed observation regarding the linguistic and cultural nuances of West Bengal that the ECI’s automated systems seemed to miss:

“We don’t know how ‘Tagore’ might be pronounced or spelt in different dialects, but that does not mean Tagore is not Tagore. Roy, Dutta, Ganguly—these are variations that should not lead to the loss of a fundamental right.”

The Court cautioned the poll body against “mechanically” issuing notices and emphasized that Aadhaar cards and Madhyamik (Class X) admit cards must be treated as valid documents for birth and residence verification.

A Solution for the “Micro-Observer” Controversy

One of the most contentious points of the hearing was the deployment of 8,300 micro-observers, largely drawn from Central Government services and BJP-ruled states. Banerjee questioned why West Bengal was being singled out for this treatment while Assam (a BJP-ruled state) was not undergoing a similar SIR exercise.

To resolve the impasse, the Court proposed a “practical solution”:

  1. The West Bengal government must provide a list of Group B/Class II state officers who are fluent in Bengali and familiar with local naming conventions.
  2. These officers will assist the ECI in conducting hearings and verifying data.
  3. The CJI suggested that once these state officers are made available by Monday, the controversial external micro-observers may no longer be required.

Also Read: Why the Supreme Court Put the UGC’s 2026 Equity Regulations on Hold: A Deep Dive into the Legal and Social Debate

Political Aftershocks: Impeachment on the Horizon?

The legal battle in Courtroom No. 1 has triggered a massive political storm in the national capital. Emboldened by Banerjee’s personal appearance, the INDIA bloc has reportedly begun discussions on moving an impeachment motion against Chief Election Commissioner (CEC) Gyanesh Kumar.

Congress leader K.C. Venugopal confirmed that the opposition is “positively looking” at the suggestion, citing the “unprecedented hostility” shown by the commission toward the people of West Bengal. TMC MP Kalyan Banerjee further alleged that the SIR is a “premeditated move” to ensure a “voter-less election” in favor of the ruling party at the Center.

Case Statistics and Deadlines

CategoryImpact / Number
Draft Deletions5.8 Million (58 Lakh)
Flagged for Discrepancy13.6 Million (1.36 Crore)
Unmapped Voters3.2 Million
Pending Hearings6.3 Million
Final Roll Publication DateFeb 14, 2026 (Likely to be extended)
Next Supreme Court HearingMonday, Feb 9, 2026
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