Grave fraud on voters
ADR also called the exclusion of Aadhaar and ration cards from the list of acceptable documents 'patently absurd,' noting that Aadhaar is widely accepted when applying for passports, caste certificates, and permanent residence documents.
The petitioner further said the EC had failed to justify why the revision exercise must be rushed ahead of the upcoming Assembly elections, describing the way it is being conducted as a 'grave fraud' on the state's voters.
Announced on June 24, the Special Intensive Revision (SIR) of Bihar's electoral rolls has sparked controversy over both its timing and the requirement that voters enrolled after 2003 produce multiple documents to stay on the rolls, raising concerns about the potential disenfranchisement of many electors and, eventually, prompting legal challenges in the SC.
Acting on the Court's directions, ADR — a non-profit that works on electoral reforms — filed its rejoinder on Saturday to the Commission's counter-affidavit submitted on July 21. In that filing, the Commission had argued that under Article 326 of the Constitution it is within its rights to verify the citizenship of electors and clarified that removal from the electoral rolls does not amount to termination of an individual's citizenship.
The matter is next listed for hearing on July 28.
Responding to the EC's argument that it has the authority to verify voters' citizenship, the petitioner said this contradicted previous Supreme Court rulings, including Lal Babu Hussain vs Union of India (1995), which held that the burden of proving citizenship lies with new applicants, not those already on the rolls.
ADR also cited Inderjit Barua vs ECI (1985), where the Court held that being listed on the electoral roll was prima facie proof of citizenship, and the burden of disproving it rested with the objector.
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