Calcutta High Court Seeks ECI Clarity on Validity of Post-2010 OBC Certificates in Voter List Revision

Kolkata, Dec 2025 : The Calcutta High Court on Wednesday directed the Election Commission of India (ECI) to clarify its stand on the acceptance of Other Backward Class (OBC) certificates issued by the West Bengal government after 2010 as supporting documents in the ongoing Special Intensive Revision (SIR) of the state’s electoral rolls. These certificates had earlier been scrapped by the High Court, raising questions over their validity for official purposes.

A single-judge bench of Justice Krishna Rao observed that the final decision on whether such OBC certificates could be treated as valid documents during the second phase of the three-stage SIR exercise rested solely with the Election Commission. The court asked the ECI to submit its observations on the issue within the next seven days.

The matter came up following a petition filed last week by the West Bengal unit of the Bharatiya Janata Party (BJP). The party sought the court’s intervention to prevent the use of OBC certificates issued after 2010 as identity documents during the claims and objections stage of the voter list revision process. The BJP argued that allowing the use of certificates already struck down by the court would undermine the legality and transparency of the SIR exercise.

During the hearing, the petitioner’s counsel referred to a significant judgment delivered on May 22 last year by a division bench of the Calcutta High Court comprising Justice Tapabrata Chakraborty and Justice Rajasekhar Mantha. In that ruling, the division bench had scrapped all OBC certificates issued by the West Bengal government after 2010. The bench had further ruled that these certificates should not be used for any purpose in the future, as they were found to be legally unsustainable.

Citing this judgment, the BJP contended that such invalidated OBC certificates could not be permitted as proof of identity in any official process, including the SIR. The party maintained that allowing their use in the voter list verification process could lead to irregularities and legal complications.

The Election Commission of India had published the draft electoral rolls for West Bengal on December 16 as part of the Special Intensive Revision exercise. The SIR is being conducted in three phases, with the second phase focusing on hearing claims and objections from electors regarding the draft voters’ list. This phase, scheduled to begin next week, involves verification of identity and supporting documents submitted by applicants.

For the purpose of identity verification, the ECI has specified 13 documents that can be used as proof. These include certificates related to Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC), among others. The inclusion of OBC certificates in this list triggered the legal challenge, given the earlier High Court ruling nullifying post-2010 OBC certificates issued by the state government.

While hearing the matter, Justice Krishna Rao made it clear that the court would not pre-empt the Election Commission’s authority in deciding which documents would be accepted. However, he emphasized the need for clarity and consistency, particularly in light of the previous division bench judgment. Accordingly, the court directed the ECI to place its formal view on record within a week.

The BJP has urged the court to ensure that cancelled OBC certificates are not used during the SIR process, arguing that strict adherence to judicial orders is essential to maintain the integrity of the electoral system. The matter is expected to come up for further hearing once the Election Commission submits its response.

Team Maverick.