NEW DELHI / KOLKATA — In a move that signals an escalating legal and political battle ahead of the 2026 Assembly elections, West Bengal Chief Minister Mamata Banerjee has moved the Supreme Court of India. Filing a comprehensive writ petition on January 28, 2026, Banerjee has directly challenged the Election Commission of India (ECI) over its conduct of the Special Intensive Revision (SIR) of electoral rolls in the state.
The petition, marked as WP(C) No. 129/2026, alleges that the ECI has bypassed statutory procedures, weaponized technology, and engaged in “arbitrary and discriminatory” practices that threaten the fundamental voting rights of millions.
The Genesis of the Conflict: What is SIR?
The Special Intensive Revision (SIR) is a massive voter-list purification exercise announced by the ECI in late 2025. Unlike a summary revision, the SIR involves door-to-door verification to remove duplicate, dead, or migrated voters. While the ECI maintains that the process is essential to ensure a “clean” roll for the 2026 polls—the first such intensive exercise in over 21 years—the ruling Trinamool Congress (TMC) views it as a “backdoor NRC” (National Register of Citizens).
“Technological Conspiracy”: Mamata Banerjee Challenges Election Commission
A central pillar of Mamata Banerjee’s petition is the allegation that the ECI is using “untested and flawed” algorithms and Artificial Intelligence (AI) to mark voters for deletion.
- Mass Deletions: According to the petition, the draft rolls published in December 2025 saw the deletion of over 5.8 million (58 lakh) names.
- Logical Discrepancies: The ECI flagged approximately 1.36 crore voters under a new category called “logical discrepancies.” This category includes voters with mismatches in father’s names, age differences between generations that the AI deems improbable, or households with more than six progenies.
- The AI Argument: Banerjee argues that “AI is now deciding whose surname has changed or who has moved,” claiming that these automated systems are prone to error and lack the human nuance required for such a critical democratic exercise.
The “WhatsApp Commission” Allegation
The petition brings to light a unique procedural grievance. The TMC alleges that the ECI has abandoned formal, written communication in favor of informal digital platforms.
“The ECI has, in effect, substituted its formal system of statutory communication with what is being described at the field level as a ‘WhatsApp Commission’, where critical instructions and warnings are communicated exclusively through messaging platforms,” the petition reads.
Mamata Banerjee contends that using WhatsApp to direct Booth Level Officers (BLOs) creates a lack of accountability and makes it impossible to maintain a legal paper trail of instructions.
Human Cost and Humanitarian Grievances
In an emotionally charged section of the petition, the Chief Minister highlights the physical and mental toll the revision process has taken on the citizenry.
- Reported Deaths: The petition claims that the rigors of the SIR process—marked by long queues at hearing centers and the fear of losing citizenship—have led to nearly 140 deaths, including suicides and cardiac arrests.
- The “Micro-Observer” Controversy: Banerjee has questioned why West Bengal is the only state where 8,100 micro-observers (largely Central Government employees) have been deployed. She argues this creates an atmosphere of intimidation and suggests that the ECI is showing “selective scrutiny” toward Bengal compared to other states like Tamil Nadu or Kerala.
The Legal Battleground: Supreme Court Directions
The Supreme Court has already begun intervening in the matter. On January 19, 2026, a 3-judge bench comprising CJI Surya Kant, Justice Dipankar Datta, and Justice Joymalya Bagchi issued several interim directions to safeguard voters:
- Public Display: The ECI must display the lists of “logical discrepancy” voters at Gram Panchayat and Block offices to ensure everyone is informed.
- Additional Time: A 10-day extension was granted for voters to submit documents and objections.
- Receipt of Documents: Officials are now mandated to provide a formal receipt once a voter submits their verification documents.
- Acceptance of Secondary Documents: The court directed that Madhyamik (Class X) admit cards must be accepted as valid proof of birth, overriding previous local-level rejections.
Political Ramifications for 2026
The timing of the SIR is critical. With the West Bengal Assembly elections scheduled for later in 2026, the voter list determines the legal foundation of the contest. The BJP has welcomed the SIR, asserting that the TMC has historically bloated voter lists with “illegal immigrants.” On the other hand, Banerjee has declared she will appear before the Supreme Court not just as a Chief Minister, but as a “common citizen and a law degree holder” to argue that the process is “inhumane.”
Conclusion: A Test for Democratic Institutions
The outcome of Mamata Banerjee v. Election Commission of India will set a major precedent for how technology and AI can be used in electoral management. If the Court finds merit in the claims of “procedural arbitrariness,” it could force a complete overhaul of how the ECI conducts intensive revisions across India.
The next crucial hearing is scheduled for February 23, 2026, where the ECI is expected to respond to the specific allegations regarding AI-induced errors and the “WhatsApp Commission” model of administration.
