West Bengal SIR | Justice Bagchi Expresses Reservations About ECI Software, Says Notice Sent Over Omission Of Middlename
9 Feb 2026 7:44 PM
“Due to the application of the software, there may be a much wider net to which notices are going,” said Justice Bagchi.
In the West Bengal SIR matter, Justice Joymalya Bagchiof the Supreme Court today noted that the software being used by the Election Commission in the SIR process is causing notices to be sent to many voters over minor mismatches in names.
He cited instances of people getting notices over omission of ‘Kumar’ from their names, which is often the middle name in case of Bengal residents.
“The tools that you have applied in the software appear to be very restrictive. They are eliminating natural differences. Surnames are of various forms – Roy, Ray…there is a common practice of Kumar being a middle name in Bengali households. Now the omission of Kumar – a notice is being given…There may be logical discrepancy. But also, due to application of the software, there may be a much wider net to which notices are going…” said Justice Bagchi.
“[in case of] a difference of 50 years for grandparents, it would be a logical discrepancy…20 being a reproductive age, would 50 be a good window? The programme that you have put, in some cases, may have a policy challenge…We have seen that there are persons with 50 grandchildren. Definitely you have a right to issue notice. But even in case of 5 children, 6 children, you are issuing notice…”, the judge further added.
When Senior Advocate DS Naidu, for ECI, explained that if there is proper mapping of a voter to the 2002 electoral list, no questions are asked, Justice Bagchi differed and said, “questions asked, sir. Notices are for mapped people”.
A bench of CJI Surya Kant, Justice Bagchi and Justice NV Anjariaheard the matter and extended the deadline for scrutiny of documents and objections beyond February 14. A slew of directions were passed by the bench, more on which can be read here. CJI Kant also notably expressed that though necessary orders may be passed from time to time, the Court will not allow impediment in completion of SIR in any state.
Case Title:
(1) MOSTARI BANU Versus THE ELECTION COMMISSION OF INDIA AND ORS., W.P.(C) No. 1089/2025 (and connected cases)
(2) JOY GOSWAMI Versus ELECTION COMMISSION OF INDIA AND ANR., W.P.(C) No. 126/2026
(3) MAMATA BANERJEE Versus ELECTION COMMISSION OF INDIA AND ANR., W.P.(C) No. 129/2026
(4) SANATANI SANGSAD AND ANR. Versus ELECTION COMMISSION OF INDIA AND ORS., W.P.(C) No. 1216/2025
