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Only ERO, not micro observers, can accept or reject eligibility of electors: Election Commission

February 08, 2026 5 min read Polity & Governance GS Paper II (Election Machinery Constitutional Bodies)
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What Happened

  • The Election Commission of India (ECI) clarified that only the Electoral Registration Officer (ERO), and not micro observers, has the authority to accept or reject the eligibility of electors.
  • The clarification came through an affidavit filed by the ECI before the Supreme Court on 4 February 2026, in response to a legal challenge regarding the Special Intensive Revision (SIR) of electoral rolls in West Bengal.
  • The ECI stated that micro observers are appointed solely to facilitate the work of EROs and that their functions are "purely facilitative" with no statutory decision-making power.
  • Micro observers were appointed by the ECI under Article 324(6) of the Constitution after West Bengal failed to provide an adequate number of Class II officers for the SIR exercise.
  • The ECI appointed retired IPS officer N.K. Mishra as Special Observer for West Bengal to oversee the SIR process and monitor poll preparedness ahead of the state assembly elections.

Static Topic Bridges

Electoral Registration Officer: Appointment and Powers Under the RPA, 1950

The ERO is the statutory authority responsible for preparing and revising the electoral roll for each parliamentary or assembly constituency. The ERO's powers derive from the Representation of the People Act (RPA), 1950, which provides the complete legal framework for electoral registration in India.

  • Section 13B, RPA 1950: The ECI, in consultation with the state or UT government, appoints an officer of the government or local authority as the ERO for each constituency.
  • Section 21, RPA 1950: The electoral roll for every constituency shall be prepared by reference to the qualifying date and revised (either intensively, summarily, or a combination) as the ECI may direct.
  • Section 22, RPA 1950: The ERO may, on application or suo motu, amend, transpose, or delete any entry in the electoral roll after proper verification of facts, subject to the ECI's general or special directions.
  • The qualifying date for enrolment is 1 January of the relevant year; any citizen turning 18 on or before that date is eligible.
  • Assistant EROs (AEROs) are appointed under Section 13CC to assist the ERO.

Connection to this news: The ECI's clarification reaffirms that the statutory power to add, amend, or delete entries in the electoral roll vests exclusively with the ERO (and AEROs) under Sections 21 and 22 of the RPA 1950, and cannot be exercised by micro observers who lack any statutory backing under this Act.

Article 324: Superintendence, Direction, and Control of Elections

Article 324 of the Constitution vests the superintendence, direction, and control of all elections to Parliament and state legislatures (and elections to the offices of President and Vice-President) in the Election Commission of India. This is one of the broadest constitutional mandates given to any body, and the Supreme Court has interpreted it as a plenary power.

  • Article 324(1): Vests superintendence, direction, and control of elections in the ECI, including preparation of electoral rolls.
  • Article 324(6): The President (or the Governor of a state) shall, when so requested by the ECI, make available such staff as is necessary for the discharge of functions conferred on the ECI.
  • Landmark case -- Mohinder Singh Gill v. Chief Election Commissioner (1978) 1 SCC 405: The Supreme Court held that where the law is silent, Article 324 provides residuary powers to the ECI to act to ensure free and fair elections; "the Commission can take all necessary steps to achieve the constitutional purpose."
  • T.N. Seshan v. Union of India (1995) 4 SCC 611: Upheld the ECI's independence and wide-ranging powers under Article 324.
  • The ECI's power under Article 324(6) is distinct from statutory powers under the RPA 1950 -- it enables the ECI to requisition staff (including micro observers) but does not confer statutory decision-making authority on such staff.

Connection to this news: The ECI appointed micro observers under Article 324(6) when West Bengal did not provide adequate officers. However, Article 324(6) only enables staff requisition for facilitative purposes -- the statutory authority to determine elector eligibility remains with the ERO under the RPA 1950, which the ECI's affidavit explicitly reaffirms.

Special Intensive Revision (SIR) of Electoral Rolls

The Special Intensive Revision is a comprehensive exercise conducted by the ECI to update the electoral roll through door-to-door verification, going beyond the routine summary revision that typically precedes elections. It involves physical verification of every entry in the roll by Booth Level Officers (BLOs) under the supervision of EROs.

  • Under Section 21(2) of the RPA 1950, the ECI can direct revision of electoral rolls either intensively, summarily, or partly both.
  • SIR involves house-to-house visits to verify existing entries, identify dead/shifted/duplicate entries for deletion, and enrol new eligible voters.
  • The 2025-26 SIR was conducted in 12 states and UTs, with the final voter list scheduled for 7 February 2026.
  • In West Bengal, the SIR became politically contentious, with Chief Minister Mamata Banerjee challenging it before the Supreme Court.
  • The ECI deployed roll observers and micro observers in West Bengal and justified the use of WhatsApp for "speedy means of communication" during the SIR process.
  • The SIR hearing process involves claims (Form 6 for inclusion) and objections (Form 7 for deletion), with the ERO adjudicating each case.

Connection to this news: The controversy arose during West Bengal's SIR exercise, where the state government questioned the appointment and role of micro observers. The ECI's clarification draws a clear institutional boundary: micro observers observe and report, but the quasi-judicial function of deciding elector eligibility belongs exclusively to the ERO.

Key Facts & Data

  • ERO appointment: Section 13B, Representation of the People Act, 1950.
  • ERO powers over electoral roll: Sections 21 (preparation and revision) and 22 (amendment, transposition, deletion).
  • Micro observers appointed under: Article 324(6) of the Constitution.
  • ECI affidavit filed before the Supreme Court: 4 February 2026.
  • Qualifying date for voter enrolment: 1 January of the relevant year (age 18+).
  • SIR 2025-26 conducted in 12 states and UTs; final voter list: 7 February 2026.
  • Mohinder Singh Gill v. Chief Election Commissioner (1978) 1 SCC 405: Established ECI's residuary powers under Article 324.
  • Special Observer for West Bengal SIR: Retired IPS officer N.K. Mishra.
  • Article 324(1): Superintendence, direction, and control of elections vested in ECI.