The Supreme Court (SC) has requested the Election Commission of India (ECI) to provide detailed information regarding the 3.66 lakh voters excluded from the final electoral rolls in Bihar during the Special Intensive Revision (SIR). This directive comes amidst petitions challenging the SIR process in Bihar.
During the hearing, the ECI clarified that the majority of additions to the electoral rolls consisted of new voters, with a relatively small number of names being removed. The ECI also stated that they have not received any complaints from voters regarding the exclusions. However, the court cautioned that any irregularities discovered in the process could potentially lead to the cancellation of the entire pan-India electoral roll revision.
The Special Intensive Revision (SIR) of electoral rolls in Bihar has been a contentious issue, with concerns raised about the transparency and fairness of the process. The ECI's decision to conduct the SIR has faced legal challenges, particularly regarding the deletion of a significant number of names from the electoral rolls.
Earlier, the Election Commission told the Supreme Court that laws don't require publishing a separate list or reasons for voters excluded from Bihar's draft electoral rolls, responding to ADR's plea over 65 lakh omissions. It claimed that over 65 lakh names had been deleted from Bihar's draft electoral rolls without transparency and without disclosure of whether the deletions related to deceased persons, migrants, or other categories. In a separate affidavit, the EC said that no eligible voter in Bihar will be removed from the electoral rolls without prior notice, an opportunity to be heard and a reasoned order. The poll body emphasized that “strict directions” have been issued to prevent wrongful deletions during the ongoing SIR.
Responding to a plea seeking reasons for leaving out 65 lakh electors during the special intensive revision (SIR) of poll bound Bihar, it said, “As neither the law nor guidelines provide for preparation or sharing of any such list of previous electors whose enumeration form is not received for any reason during the enumeration phase, no such list can be sought by the petition as a matter of right”. It contended that no inquiry is done for the inclusion of anyone's name in the draft rolls, and each and every individual whose enumeration form, has been received, has been included in the draft rolls, without any reservation or exception.
The Supreme Court has previously directed the ECI to allow voters excluded from the draft electoral roll to submit claims online or physically, using their Aadhaar card or any of the 11 prescribed documents. The court also instructed the State Chief Electoral Officer to involve recognized political parties in assisting excluded voters.
The court has mandated parties to instruct booth-level agents to help file claim forms (excluding deceased or voluntarily migrated persons) and required officials to issue acknowledgement receipts for physically submitted claims. The bench noted low BLA filings, heard contested accounts of outreach, refused to extend the current filing deadline but posted the matter for further hearing on September 8.
The Congress party had earlier claimed to have filed 89 lakh complaints with the ECI regarding the SIR in Bihar, but the ECI stated that the party did not follow the proper procedure for filing objections to the voter list.
