New Delhi: Association for Democratic Reforms (ADR) has moved a writ petition before the Supreme Court challenging the Election Commission of India’s (ECI) decision to revise electoral rolls in Bihar ahead of the ensuing Assembly polls.
As per the petition, order of Special Intensive Revision (SIR) of electoral rolls in Bihar, if not set aside, can “arbitrarily” and “without due process” disenfranchise lakhs of voters from electing their representatives, and disrupt free and fair elections and democracy — a part of basic structure of the Constitution.
“The documentation requirements of the directive, lack of due process as well as the unreasonably short timeline for the said Special Intensive Revision of Electoral Roll in Bihar (SIR) further make this exercise bound to result in removal of names of lakhs of genuine voters from electoral rolls leading to their disenfranchisement,” contended the petition.
It added that the SIR order issued on June 24 by the ECI excluded identification documents such as Aadhar or ration cards, which make marginalised communities (such as SC, STs and migrant workers) and the poor more vulnerable to exclusion from voting. The declaration as required under the SIR process is violative of Article 326 in so far as it requires a voter to provide documents to prove his citizenship and also the citizenships of his mother or father, failing which his name would not be added to the draft electoral roll and can be deleted, further stated the petition.
It said, “The ECI has issued unreasonable and impractical timeline to conduct SIR in Bihar with close proximity to state (Assembly) elections, which are due in November 2025.” Referring to reports from Bihar, the plea claimed that lakhs of voters from villages and marginalised communities do not possess the documents being sought from them, and they should not be excluded from voting due to the stringent requirements as mentioned in the SIR order. The petition said that the ECI's directive, issued under Section 21(3) of the Representation of the People Act, 1950, lacks recorded reasons supported by any evidence or transparent methodology, rendering it “arbitrary” and thus liable to be struck down.
As per the plea, the requirement of citizenship documents contravenes the requirement of specific grounds for deletion of names from electoral rolls (e.g., death, non-residence, or disqualification under Section 16 of the Representation of the People Act, 1950). Saying that since 2003, five general elections and five Assembly elections have taken place in Bihar with continuous addition and deletion of names in electoral roll, the petition said that the manner in which ECI has issued SIR orders in a poll bound state like Bihar, has raised questions from all stakeholders, particularly the voters.
It added that there is no reason for such a “drastic exercise” in a poll-bound state in such a short period of time, violating the right to vote of lakhs of voters.
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