New Delhi: The Supreme Court on Thursday refused to stay the Election Commission’s Special Intensive Revision (SIR) of electoral rolls in Bihar. However, it directed the EC to consider documents, including Aadhaar, Ration Card and Voter ID card during the ongoing electoral rolls verification process.
The top court called the process "constitutional mandate". The order was passed by a bench of Justices Sudhanshu Dhulia and Joymalya Bagchi. However, the apex court also questioned the timing of the exercise.
“We are of the prima facie view that Aadhaar cards, Voted ID cards and the Ration cards be allowed in the special intensive revision of electoral rolls," the bench said.
"We are not doubting your sincerity but there are perceptions. We are not thinking of stopping you because it is a constitutional mandate," the bench told senior advocate Rakesh Dwivedi, appearing for the poll panel.
It noted that it was not doubting the credentials and sincerity of the election commission in doing the exercise which was a constitutional mandate, but said the timing of the process were raising doubts.
The bench also asked the ECI to file a counter affidavit to the petitions by July 21 and rejoinders should be filed by July 28, the date when the next hearing is scheduled to take place.
The bench noted that it was not doubting the credentials and sincerity of the election commission in doing the exercise which was a constitutional mandate, but said the timing of the process were raising doubts.
Senior advocates K K Venugopal and Maninder Singh are also representing the poll panel. Meanwhile, senior advocate Gopal Sankaranarayanan appeared for one of the petitioners.
Earlier in the day, the bench questioned the poll panel on the timing of the SIR drive in poll-bound Bihar saying it went to the "root of democracy and power to vote" while rejecting the argument that the poll panel did not have any power to carry it out. The ECI also justified the exercise and said Aadhaar wasn't a "proof of citizenship".
As of now, over six PILs have been filed by various political leaders and social organisations, including TMC leader Mahua Moitra, NCP (SP)'s Supriya Sule.
Opposition parties, including the Congress and the Rashtriya Janata Dal (RJD), criticised the voter list revision, alleging that the move will benefit the ruling BJP-JDU alliance in the state.
Bihar Deputy CM's Statement On SC Ruling:
The assembly elections in Bihar are scheduled to take place later this year. However, the EC has not yet announced the poll dates. The main contest will be between the BJP-JDU and the Congress-RJD alliances.
