PIL in SC seeks electoral roll revision across country
Supreme Court
challenging the
Election Commission of India
's (ECI) decision to conduct a special intensive revision (SIR) of electoral rolls in Bihar, a public interest litigation (PIL) has been filed seeking a direction to the poll panel to undertake similar exercises across the country at regular intervals, particularly before elections, to ensure that only Indian citizens cast their vote and not illegal foreign infiltrators.
The PIL, filed by advocate Ashwini Upadhyay, argued that the demographic profile of 200 districts and 1,500 tehsils has changed since Independence, owing to what he terms "massive illegal infiltration, deceitful religious conversions and population explosion". According to the petitioner, a nationwide special intensive revision is essential for free and fair elections.
"It is very surprising that various petitions have been filed before this court praying for setting aside or quashing the ECI's order on the ground of violation of Articles 14, 19, 21, 325, 326 of the Constitution and provisions of the Representation of the People Act and the Registration of Electors Rules, 1960.
Petitioner submits that the special intensive revision exercise, rather than being violative of the aforesaid provisions, is a timely and necessary exercise aimed at ensuring purity, accuracy, and integrity of the electoral rolls and universal adult enfranchisement," he said in his petition.
Upadhyay argued that even marginal discrepancies, as few as 2,000 to 3,000 votes, can sway election outcomes in an assembly constituency, and therefore, regular and robust revision of rolls is required.
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"If not conducted, the integrity of elections, and the fundamental rights enshrined in the Constitution, would be jeopardised," he said.
The petition highlighted that Bihar, along with Assam, West Bengal and Jharkhand, is reported to have witnessed large-scale illegal immigration, particularly from Bangladesh. "Parts of Bihar, especially the Seemanchal region adjoining West Bengal and Nepal, are said to have seen an asymmetric growth in population.
The region, comprising four districts, is not far from the Siliguri corridor or 'Chicken's Neck', where Bangladeshi territory juts in," the petition stated.
"The Seemanchal region, which is also considered the most backward in Bihar, has a 47% Muslim population, as against Bihar's state-wide average of 18%, due to massive illegal infiltration," it claimed.
"Special intensive revision assumes significance as it seeks to operationalise and give effect to the constitutional and statutory mandate of ensuring that only Indians are enrolled as electors, by enabling verification of citizenship, a qualification that lies at the very core of the right to vote," the petition stated. "Thus, it should be made a recurring exercise and conducted nationwide at regular intervals.
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