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Poll panel's clarifications on SIR, ‘vote fraud' not adequate: Ex-CEC OP Rawat

Poll panel's clarifications on SIR, ‘vote fraud' not adequate: Ex-CEC OP Rawat

India Today3 days ago
In an exclusive interview with India Today TV, former Chief Election Commissioner OP Rawat talks about the Election Commission's recent press conference on allegations of voter fraud and SIR in Bihar. Rawat states that the EC's clarifications were "not really adequate enough to defuse the situation." He suggests the commission lost the initiative by not immediately investigating claims from all political parties. The former CEC also questions the EC's explanation for 'house number zero' on electoral rolls, stating it is not a national norm and he does not recall it happening in the past. Further, he dismisses privacy as a concern for withholding CCTV footage from polling stations and notes the lack of data provided on alleged foreign illegal immigrants in Bihar's electoral rolls, a point the EC had initially raised.
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Parliament Monsoon session ends: Who won the battle of narratives? Experts debate
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In Bihar 2003, Election Commission took longer, allowed EPIC, checked citizenship selectively
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DEFENDING THE ongoing Special Intensive Revision (SIR) of Bihar's electoral rolls, the Election Commission of India (ECI) not only held up the 2002–03 roll as the benchmark of voter eligibility, but strongly backed its three-month timeline, and refused to accept the Supreme Court's suggestion to consider the voter ID card as proof of eligibility. However, the Commission's instructions during that 2002–03 intensive revision paint a different picture, according to former ECI officials and Chief Electoral Officers who oversaw the last exercise. Consider the following: * In 2002-03, seven states — Bihar, Jharkhand, Uttarakhand, Uttar Pradesh, Madhya Pradesh, Chhattisgarh and Punjab — had eight months, more than double the time allowed now, to complete the process. * No proof of citizenship was sought then from existing electors in 2002 rolls. * The Elector's Photo Identity Card (EPIC) was the backbone of verification of existing voters then. In effect, with these criteria and not where one of 11 documents are required, the process for those who got on the 2003 list — about 4.96 crore — was, in both letter and spirit, much more inclusive. An email sent to the Election Commission for its comment did not elicit a response. These differences lie at the heart of the petitions now before the Supreme Court. The petitioners argued that the three-month window (June 25–September 30, 2025) is unreasonably short in a state headed for polls in October–November, where many voters struggle to procure documents. They also contended that the ECI is straying into questions of nationality, which is beyond its mandate. The Court will resume hearing the matter on Friday. Three aspects of the 2002–03 exercise which sit uneasily with the Commission's defence of the Bihar SIR: * Compressed Timeline: In its counter affidavit before the Supreme Court, the ECI dismissed concerns over timelines as 'misconceived, erroneous and unsustainable,' and said its order provides 'adequate time' for completion. 'The last such exercise was undertaken in Bihar in 2002-2003, and the period of enumeration was from 15.07.2002 to 14.08.2002. The current SIR has an enumeration period from 25.06.2025 to 26.07.2025. Thus, the allegation that ECI is conducting the exercise hastily is misconceived,' it said in the affidavit before the apex court. The Commission's claim on the one-month enumeration (or door-to-door verification) window is factually correct, but incomplete — the 2002–03 revision had stretched over eight months. 'The ongoing SIR exercise in Bihar — starting with training, door-to-door verification of electors, collection of eligibility documents, scrutiny of claims and objections, and ending with final publication of rolls — must be completed in just 97 days. By contrast, the last intensive revision in Bihar and six other states stretched from May 2002 to December 2002, lasting eight months,' said a retired ECI official associated with the 2002–03 intensive revision, on the condition of anonymity. In 2002–03, the intensive revision spanned 243 days; 74 days for preparing a preliminary list of electors based on existing rolls, training enumerators, conducting pre-enumeration surveys, and rationalising polling booths; 31 days for house-to-house verification, also known as the enumeration phase; 60 days for preparing and printing draft rolls; 15 days for claims and objections; and 61 days for disposing of these claims, making additions, deletions and corrections. The current exercise, by contrast, has been compressed to 97 days: one month for training enumerators, conducting pre-enumeration surveys, rationalising polling booths and carrying out the enumeration itself; publication of draft rolls three days later on August 1; one month for filing claims and objections; 25 days for their disposal and for deciding on enumeration; and final publication on October 1 — barely weeks before the likely announcement of poll dates. * Year 2003 as 'Probative Evidence': Equally significant is the 2003 cut-off itself. The Commission has argued that electors on the rolls until that year should be presumed citizens since they 'have gone through the intensive revision of 2003 and remained so far in the electoral rolls, demonstrating probative evidence of eligibility.' 'Thus, their eligibility, as enumerated under Article 326 of the Constitution of India, is presumed, unless any other input is received otherwise,' the ECI said in its counter affidavit before the SC, calling the 2003 cut-off 'valid and non-discriminatory.' While relying on the last intensive revision as probative of citizenship, the 2002–03 exercise itself did not require electors to produce such proof. 'In the 2002–03 revision, enumerators visited households with lists drawn from existing rolls and verified whether the names of adult Indian citizens already on the list were still ordinarily resident. They corrected or added particulars where needed, but electors were not asked to produce proof of citizenship,' recalled a former state CEO associated with the last intensive revision across seven states in 2002-03, who did not wish to be identified. In fact, the 2002–03 instructions made clear that enumerators were not to determine citizenship. Their role was limited to verifying qualifications of age and ordinary residence. For checking nationality, there were only two exceptions. First, in the case of first-time electors seeking registration, the Electoral Registration Officer (ERO) could, if he or she felt the need, seek documents to satisfy the question of citizenship. The ERO was also directed to ensure that no person who had been declared a foreigner, or whose name had been deleted as such by any tribunal or authority under a central or state law, was included in the final rolls, even if their names appeared in the existing electoral roll of 2002. Second, in areas with a substantial presence of foreign nationals, as flagged by the state government, the 2002–03 guidelines prescribed additional safeguards. Existing electors in these areas did not have to prove citizenship. However, enumerators could add new names only if they belonged to households already on the rolls or if they possessed an EPIC. 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'That it is submitted that the EPIC cannot be treated as proof of eligibility for inclusion in the electoral roll during the ongoing Special Intensive Revision (SIR), 2025, as pursuant to Rule 21(3) of the RP Act, 1950 read with Rule 25 of the RER, 1960, the said revision constitutes a de novo preparation of the electoral roll. The EPIC cards are prepared on the basis of electoral rolls. Since the electoral roll, itself, is being revised, the production of EPIC Cards will make the whole exercise futile,' the EC said in its counter affidavit. An intensive revision of the electoral roll is a de novo preparation of the roll from scratch through house-to-house verification by Electoral Registration Officers. 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