SC refuses to stay publication of draft voters list in Bihar on Aug 1

New Indian Express

2 days ago

The ECI said the SIR Survey was being done after concerns raised by political parties across the spectrum.
"For the first time that all the political parties have been so involved at this scale in intensive revision exercises, with all political parties appointing more than 1.5 lakh BLAs to work in tandem with BLOs, in reaching out to each eligible elector," added the affidavit of the ECI.
The ECI highlited that most of the figures quoted by the petitioners were out dated and not contemporary. Quite apart from the fact that full reports have not been annexed, the petitioners have deliberately suppressed the fact that these reports do not present contemporary facts and figures, and thus cannot be relied upon.
"Some of the Petitioners are MPs and MLAs from recognized political parties in the State of Bihar and all these political parties are assisting in the SIR exercise by providing Booth Level Agents (BLAs). While, some of the Petitioners are participating in the SIR and, at the same time, objecting here to the transparent exercise conducted by the ECI. These facts were within the knowledge of Petitioners but not disclosed before this court, and have been deliberately suppressed," the ECI said.
The Commission further submitted that all the political parties had appreciated the necessity and correctness of the exercise undertaken by the ECI and have been co-operating and participating towards the timely completion of the said exercise.
The ECI justified the SIR exercise and said Aadhaar wasn't a "proof of citizenship".
The court had earlier questioned the ECI action, as to why it started the SIR exercise of electoral rolls in Bihar so late, although, it made clear that there is nothing wrong in SIR exercise but it should have been done months before the ensuing election.
The top court was hearing the pleas filed by the NGO Association For Democratic Reforms, People's Union for Civil Liberties (PUCL), Yogendra Yadav, Lok Sabha Member of Parliament (MP) from Trinamool Congress Party, Mahua Moitra, Rashtriya Janta Dal (RJD) MP Manoj Jha, Congress Party leader K C Venugopal and Mujahid Alam.
The petitioners sought a direction from the top court to set aside the ECI's SIR order of June, 24, 2025.
"Issue a writ, order or direction setting aside Order and Communication dated 24.06.2025 and accompanying guidelines issued by ECI to conduct SIR of the electoral rolls in Bihar as being in violation of Articles 14, 19, 21, 325, 326 of the Constitution of India and provisions of Representation of People (RP) Act, 1950 and Registration of Electors Rules, 1960," said the NGO ADR, in its plea filed in the top court.
"The SIR order if not set aside, can arbitrarily and without due process disenfranchise lakhs of voters from electing their representatives, thereby disrupting free and fair elections and democracy in the country, which are part of basic structure of the Constitution," said, ADR's plea, filed in the top court.