Kerala HC Refuses To Stay SIR, Asks State To Approach SC
Justice V.G. Arun held that similar petitions challenging SIR in other States are already pending before the Supreme Court, and therefore, judicial discipline and comity require the High Court to refrain from adjudicating the matter.
"Judicial discipline and comity require this Court not to entertain this writ petition. The writ petition is closed, leaving it open for the petitioner to move the Supreme Court or approach this Court, depending on the outcome of petitions pending before the Supreme Court," the Court said.
The State had urged that the SIR be deferred until after December 21, the last date for completing the LSGI election process, arguing that simultaneous conduct of SIR and local body elections would severely strain administrative resources.
The government submitted that the LSGI elections require nearly 1.76 lakh government personnel and 68,000 security staff, while the SIR would demand an additional 25,668 officials.
Most of these officers, it pointed out, fall into both categories.
Calling the pool of trained election staff "finite", the State warned that deploying the same officials for parallel responsibilities could result in an administrative impasse.
It further argued that, unlike the mandatory December deadline for local body polls, there was no immediate urgency to complete SIR, since Assembly elections in Kerala are due only by May 2026.
The ECI opposed any deferment, stating that more than half of the SIR process was already complete and halting it mid-way would disrupt a nationwide exercise.
Senior Advocate Rakesh Dwivedi, appearing for the ECI, submitted that SIR was scheduled in Kerala in view of next year's Assembly elections and that the State Election Commission had not raised any objections over staff shortages.
The Court recorded that the Supreme Court is already seized of petitions challenging SIR in Bihar, Tamil Nadu and West Bengal.
The ECI's June order initiating SIR in Bihar had triggered multiple petitions before the Apex Court. The Commission extended SIR to other States and Union Territories on October 27.
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