SC Lets Bihar Voter Roll Update Continue, Flags Key ID Documents

The Supreme Court on Thursday declined to halt the Election Commission of India (ECI) from carrying out the Special Intensive Revision (SIR) of electoral rolls in Bihar, ahead of the upcoming assembly elections.

A Bench comprising Justices Sudhanshu Dhulia and Joymalya Bagchi on Thursday suggested that the Election Commission of India (ECI) consider Aadhaar, voter ID, and ration cards for updating the electoral rolls. However, the court left the final decision to the discretion of the poll body.

The observation came after Senior Advocate Rakesh Dwivedi, representing the ECI, informed the court that the list of 11 documents identified for the Special Intensive Revision exercise is not exhaustive.

The court directed that the matter be taken up for hearing again on July 28, ahead of the publication of the draft electoral roll.

Intensive revision involves preparing the electoral roll afresh through a de novo process, which includes door-to-door verification by electoral registration officers.

Under the Bihar Special Intensive Revision (SIR), individuals listed in the 2003 electoral rolls are only required to submit an extract from that roll as proof of eligibility. However, those who enrolled after 2003 must furnish one or more documents from a prescribed list of 11, along with a pre-filled enumeration form for existing voters, to establish their date and/or place of birth, details that are used to verify citizenship.

In its order, the court observed: “After hearing both parties, we are prima facie of the view that three key issues arise in this matter: (a) The scope of powers exercised by the Election Commission in conducting this exercise, (b) The procedure and manner in which the revision is being carried out, and (c) The timeline, particularly the short duration allotted for preparing the draft rolls, inviting objections, and finalizing the electoral roll, especially in light of the upcoming Bihar elections scheduled for November.”

“We are also of the considered view that the matter warrants a full hearing,” the court stated. “Accordingly, let it be listed before the appropriate Bench on July 28. In the meantime, the Election Commission is directed to file its counter affidavit within one week from today, i.e., by July 21. Any rejoinder, if necessary, may be filed before the next hearing on July 28.”

The court further noted: “Mr. Rakesh Dwivedi himself pointed out that the list of documents being considered by the Election Commission for voter verification includes 11 documents, but the list is not exhaustive. In the interest of justice, we are of the view that the Commission should also consider three additional documents, the Aadhaar card, the EPIC (voter ID) card issued by the ECI, and the ration card, as these would likely address the concerns raised by most petitioners.”

However, Dwivedi expressed concern that specifically naming additional documents in the order could complicate the ongoing revision process. He argued that it wasn’t necessary to list them formally.

Responding to this, Justice Dhulia clarified, “We are merely suggesting that you consider them. If you have valid reasons to exclude any, you may do so, just ensure those reasons are recorded.”

The petitioners informed the court that they were not seeking an interim stay at this stage, noting that the draft electoral rolls are scheduled to be published only on August 1.

However, Senior Advocate Rakesh Dwivedi pointed out that the petitioners had initially requested an interim stay and urged the court to clarify that the Election Commission could proceed with the revision process.

Justice Dhulia responded, “We have already said it. You may go ahead.”

The petitions challenging the Special Intensive Revision (SIR) were presented before the Bench by senior advocates Kapil Sibal, A M Singhvi, Gopal Sankaranarayanan, and Shadan Farasat.

Appearing for one of the petitioners, Sibal called the revision process an “impossible task.” Singhvi, representing another petitioner, added, “The electorate is eight crore, and four crore people are required to undergo the enumeration process.”

Sankaranarayanan further pointed out, “They are refusing to accept Aadhaar cards and voter ID cards as valid proof.”

Also Read: ‘SIR is a Scam!’: Mass Protests Erupt in Bihar Over Voter Roll Revision Drive