Bihar's SIR row: Supreme Court declines to stay publication of draft electoral rolls

Hans India

2 days ago

New Delhi: The Supreme Court on Monday declined to issue an interim stay on the publication of the draft electoral rolls by the Election Commission of India (ECI) following its Special Intensive Revision (SIR) in poll-bound Bihar.
A bench of Justices Surya Kant and Joymalya Bagchi observed that since the petitioners did not seek interim relief during the initial hearing, it could not be granted at this stage, and the matter would be interpreted once and for all.
Due to paucity of time, the Justice Surya Kant-led Bench adjourned the hearing, stating that the schedule for the final hearing would be determined on July 29.
In a short hearing, the apex court emphasised that the ECI should consider Aadhaar cards and Electoral Photo Identity Cards (EPIC) for voter verification.
As senior advocate Rakesh Dwivedi, appearing on ECI's behalf, raised reservations about the documents, adding that many fake ration cards have been issued, the court said: "As far as ration cards are concerned, we can say they can be forged easily, but Aadhaar and voter cards have some sanctity and have a presumption of genuineness. You proceed with these two documents (Aadhaar and EPIC). Wherever you find forgery, that's on case-to-case basis."
Several petitions have been filed before the Supreme Court claiming that if the June 26 decision of the ECI directing SIR is not set aside, it can "arbitrarily" and "without due process" disenfranchise lakhs of voters, disrupt free and fair elections and democracy.
The petitioners have questioned the timing and legality of the revision exercise, arguing that the poll body initiated an extensive revision process in a poll-bound state without sufficient safeguards or public clarity.
In an earlier hearing, the apex court advised the ECI to consider accepting Aadhaar cards, ration cards, or previously issued voter ID cards as valid identification for electoral rolls verification.
In its order passed on July 10, the Supreme Court outlined three core issues to be addressed in the hearing: The legal authority of the EC to conduct a special revision, the validity of its procedures, and the timing of the exercise, given its proximity to a crucial state election.
As per the SIR schedule released by the poll body, every elector who has submitted the enumeration form — with or without supporting documents — will be included in the draft electoral roll set to be published on August 1. Electors who have not submitted their forms will still be entitled to seek inclusion in the final roll by filing a claim in the prescribed form along with the required declaration.
"Therefore, any person excluded from the draft roll has another opportunity to be included by submitting the form with the necessary declaration and documents. This claims period will remain open for 31 days following the publication of the draft roll, i.e., until September 1, 2025," the Commission said in an affidavit filed before the Supreme Court.
After the completion of the entire process, the final roll will be published on September 30, the reply document added.
The ECI also submitted that even after the final roll is published, new electors may still be enrolled up to the last date for filing nominations for the upcoming Bihar Assembly elections.