Officials can also rely on field inquiry for inclusion of names in Bihar rolls: EC

Time of India

12 hours ago

Election Commission
NEW DELHI: Amid claims and counter-claims over the special intensive revision (SIR) of Bihar electoral rolls, Election Commission officials said Sunday that the poll panel's guidelines, issued on June 24, allow electors to add documents after submitting their enumeration forms, till July 25 and even during the 'claims and objections' period.
Besides, electoral registration officers can rely on field inquiry or alternative proof - beyond the 11 documents listed by EC for citizenship - to decide on an elector's inclusion. The list, a source said, is "indicative and not exhaustive".
11 documents specified to prove eligibility indicative: EC Official
EROs (electoral registration officers) are empowered under the law to take a call on what documents, other than those specifically mentioned, can be taken into account, the source said.
They, however, clarified that Aadhaar may still not be accepted as an alternative document, since it is merely a proof of identity - defining that the 10 fingerprints, iris and photo belong to the person in whose name Aadhaar is issued - and does not establish that person's citizenship or date of birth.
"SIR is being conducted as per the instructions issued by EC on June 24, 2025. There is no change in the instructions. Draft electoral roll that will be issued on Aug 1, 2025, will contain the names of persons whose enumeration forms are received by July 25.
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The electors can submit their documents any time before July 25. After publication of draft roll, if any document is deficient, EROs can obtain such documents from electors whose name appears in the draft roll during scrutiny in the 'claims and objections' period," CEC Gyanesh Kumar told TOI on Sunday.
Importantly, a senior EC functionary clarified that the list of 11 documents specified by EC to prove one's eligibility for inclusion in the roll - as per Article 326 of the Constitution and provisions of the Representation of the People Act, 1950 - is indicative and not exhaustive, and that the ERO has powers under the law to satisfy himself about the eligibility of a person to be enrolled as an elector on the basis of any other document or local inquiry if he deems fit.
However, the ERO must make a "speaking order", recording in writing the reasons for such inclusion or exclusion. Even the ERO's decision is subject to a two-stage appellate process after publication of final roll, first at the level of district magistrate and then the chief electoral officer (CEO).
A reading of the SIR guidelines dated June 24 confirms this. The text above the list of 11 documents mentioned in the declaration form to be signed by the elector not included in Bihar's 2003 electoral roll clearly states that the list is "indicative (not exhaustive)".
"The advertisement (issued by Bihar chief electoral officer in some newspapers on Sunday) is in conformity with the SIR instructions issued by EC on June 24," the CEC told TOI.
Meanwhile, Congress president Mallikarjun Kharge on Sunday accused BJP of conspiring to deprive the people of Bihar of their voter rights through the SIR. People will surely respond to "this BJP attack on democracy and the Constitution in the upcoming assembly elections", he said.
Citing the advertisement, he alleged that "when the pressure from the opposition, the public, and civil society increased, EC hurriedly published advertisements, which state that now only a form needs to be filled, and showing documents is not necessary".
The EC's clarification came even as nearly 1.7 crore enumeration forms, accounting for 21.5% of Bihar's electorate, are already collected and over 7.2% uploaded on ECINET.
Meanwhile, responding to the criticism directed at EC for rushing with the SIR without prior consultation with political parties, CEC Kumar said, "During the past four months, all 4,123 EROs, all 775 district election officers and all 36 CEOs have held nearly 5,000 meetings with 28,000 political party representatives. EC has also invited all recognised political parties for interaction. No one was satisfied with the current status of electoral rolls for one reason or the other.
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