RJD moves SC against EC's revision of electoral rolls in Bihar

The Print

06-07-2025

In his plea filed through advocate Fauzia Shakil, Jha said EC's June 24 order be quashed for being violative of Articles 14, 21, 325 and 326 of the Constitution of India.
Trinamool Congress MP Mahua Moitra has also approached the apex court against the EC's order.
New Delhi, Jul 6 (PTI) Rashtriya Janata Dal (RJD) MP Manoj Jha has moved the Supreme Court challenging an Election Commission's order directing for special intensive revision of electoral rolls in Bihar.
The Rajya Sabha MP said that the impugned order is a tool of institutionalized disenfranchisement and 'it is being used to justify aggressive and opaque revisions of electoral rolls that disproportionately target Muslim, Dalit and poor migrant communities, as such, they are not random patterns but it is engineered exclusions.' He also sought direction to the poll body to hold the upcoming Bihar Assembly elections on the basis of the existing electoral rolls.
The assembly polls in the state is due later this year.
Jha said alternatively a direction be issued directing the poll authority to accept 'all the documents stipulated in Form 6 as documents in support of the declaration along with the Enumeration Form and Declaration Form (Annexure C and D enclosed with the Impugned Order dated 24-06-2025)'.
'The present petition is being filed under Article 32 of the Constitution of India inter alia seeking issuance of a writ, order or direction in the nature of certiorari or any other writ quashing and setting the order dated June 24, 2025 issued by respondent No.1 along with its subsequent clarificatory press note dated June 30, 2025, the same being violative of Articles 14, 21, 325 and 326 of the Constitution of India…,' the plea said.
Jha said the next Bihar Assembly elections are scheduled to be held in November 2025 and in this background, the Election Commission has ordered a special intensive revision (SIR) of electoral rolls without consultation with the political parties/ stakeholders.
'While the ECI has decided to commence the Special Intensive Revision in the entire country, the process has been initiated first in the State of Bihar, owing to the upcoming elections in the latter part of the year.
'The impugned order prescribes a schedule and requires the submission of enumeration form within 30 days, followed by filing of claims and objections and their disposal within 30 days,' the plea said, The impugned order is 'discriminatory, unreasonable and manifestly arbitrary and violates Article 14, 21 325, 326,' it added.
'It is humbly submitted that it is being used to justify aggressive and opaque revisions of electoral rolls that disproportionately target Muslim, Dalit and poor migrant communities, as such, they are not random patterns but it is engineered exclusions,' the plea said.
Jha said the present SIR process is not only 'hasty and ill-timed', but has the effect of 'disenfranchising' crores of voters, thereby robbing them of their constitutional right to vote.
'Moreover, this exercise has been launched during the monsoon season in Bihar, when many districts in Bihar are affected by floods and local population is displaced, thereby making it extremely difficult and almost impossible for a large section of population to meaningfully participate in the process,' he contended in his plea.
The RJD leader further contended that one of the most affected classes are the migrant workers, many of whom despite remaining listed in the 2003 voter rolls, are unlikely to be able to return to Bihar within the stipulated time frame of 30 days to submit their enumeration forms leading to automatic deletion of their names from the electoral roll in violation of R 21A of the Registration of Electors Rules, 1960.
'It is humbly submitted that the stringent documentation requirements have the potential to negatively affect the backward, flood-affected, poor, SC, ST, unempowered minorities, migrants and they will be forced to run from pillar to post to get the documents within a period of just one month,' the plea said.
Jha also said that the short deadlines make the whole process unreasonable and unworkable and has the effect of bypassing the procedure of conduct of inquiry into claims and objections as contemplated under the rules.
Trinamool Congress leader and MP Mahua Moitra has also moved the Supreme Court challenging the Election Commission's order on special intensive revision of electoral rolls in Bihar.
Moitra sought a direction from the apex court to restrain the EC from issuing similar orders for SIR of electoral rolls in other states of the country.
A similar plea has also been filed by NGO Association of Democratic Reforms, challenging the poll body's direction for SIR of electoral rolls in Bihar.
Several other civil society organisations like PUCL and activists like Yogendra Yadav have approached the top court against the EC's order.
The EC on June 24 issued instructions to carry out an SIR in Bihar, apparently to weed out ineligible names and ensure only eligible citizens are included in the electoral roll.
The last such revision in Bihar was conducted in 2003.
According to the EC, the exercise was necessitated by rapid urbanisation, frequent migration, young citizens becoming eligible to vote, non-reporting of deaths, and inclusion of the names of foreign illegal immigrants.
The SIR is being conducted by booth officers, who are conducting a house-to-house survey for verification. PTI MNL MNL KVK KVK
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