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Hans India
16 hours ago
- Politics
- Hans India
If mass exclusion, we will immediately step in: Supreme Court on Bihar SIR
New Delhi: The Supreme Court on Tuesday orally remarked that it would 'immediately step in' if there is mass exclusion of voters following the Special Intensive Revision (SIR) of electoral rolls in poll-bound Bihar. The observation came from a Bench of Justices Surya Kant and Joymalya Bagchi as it dealt with a clutch of petitions claiming that if the June 26 decision of the ECI directing SIR is not set aside, it can "arbitrarily" and "without due process" disenfranchise lakhs of voters, disrupt free and fair elections and democracy. Advocate Prashant Bhushan, citing a statement issued by the poll body, submitted that 65 lakh individuals had not submitted enumeration forms during the SIR process, as they were either deceased or had permanently relocated. 'We are here, we will hear your concerns. We are overviewing the matter as a judicial authority. If there is mass exclusion, we will immediately step in,' the Justice Kant-led Bench assured Bhushan and posted the clutch of petitions against SIR for hearing on August 12 and 13. The apex court added that the Election Commission of India (ECI), being a constitutional authority, is presumed to act in accordance with the law and the Constitution. On Monday, the Justice Kant-led Bench declined to grant an interim stay on the publication of the draft electoral rolls but emphasised that the ECI should consider Aadhaar and Electoral Photo Identity Cards (EPIC) for voter verification. As senior advocate Rakesh Dwivedi, appearing on ECI's behalf, raised concerns over the reliability of documents -- citing the prevalence of fake ration cards -- the top court had remarked: "As far as ration cards are concerned, we can say they can be forged easily, but Aadhaar and voter cards have some sanctity and have a presumption of genuineness. You proceed with these two documents (Aadhaar and EPIC). Wherever you find forgery, that's on a case-to-case basis." As per the SIR schedule released by the poll body, every elector who has submitted the enumeration form -- with or without supporting documents -- will be included in the draft electoral roll set to be published on August 1. Electors who have not submitted their forms will still be entitled to seek inclusion in the final roll by filing a claim in the prescribed form along with the required declaration. "Therefore, any person excluded from the draft roll has another opportunity to be included by submitting the form with the necessary declaration and documents. This claims period will remain open for 31 days following the publication of the draft roll, i.e., until September 1, 2025," the Commission said in an affidavit filed before the Supreme Court. After the completion of the entire process, the final roll will be published on September 30, and the reply document added. The ECI also submitted that even after the final roll is published, new electors may still be enrolled up to the last date for filing nominations for the upcoming Bihar Assembly elections.
New Indian Express
20 hours ago
- Politics
- New Indian Express
EC must stick to its mandate of holding free and fair polls: Manoj K Jha
As the Supreme Court on Monday told the Election Commission to consider Aadhaar and voter cards for the ongoing special intensive revision (SIR) of electoral rolls in Bihar, Opposition Rashtriya Janata Dal (RJD) Rajya Sabha MP Manoj K Jha tells Preetha Nair that the poll panel must behave like a constitutional body and stick to its mandate of conducting free and fair elections in the country. Excerpts: EC data says over 65 lakh voters may not figure in Bihar's draft electoral roll. Does it validate the Opposition's concerns on disenfranchisement? We have been consistently saying that the Election Commission is doing the exercise with a hallmark of opacity. For instance, if you look at the different categories— such as diseased, permanently shifted, untraceable or found to be registered at different places—shows lack of transparency. When people are not available, they presume they have moved out. That presumption is flawed. We will watch each and every entry in these categories, once the numbers are shared with our district and state level units, but more importantly, we will go by the Supreme Court, because somewhere the Election Commission has defied their direction by not incorporating Aadhaar, EPIC card and ration card as documents for the SIR. Did you ask EC to share the details of the voters who are excluded from the draft electoral roll? Yes. We have asked details of each category. We will not allow the Election Commission to do it in a brazen manner, where the very idea of inclusion gets lost. The 2024 general election was conducted on the basis of these numbers. Now if they are saying the numbers were flawed, then that election should be called null and void. The EC said that Aadhaar and Voter ID can't be relied upon. The denial of the Aadhaar card, voter ID card and ration cards are in the direction of disenfranchisement. I think that they have decided it much before the exercise. Bihar is one of the most document deficient states. However, Aadhaar has a penetration of 86- 87%.
Hindustan Times
21 hours ago
- Politics
- Hindustan Times
SC asks ECI to ‘proceed' with Aadhaar, EPIC in Bihar SIR
The Supreme Court on Monday refused to halt the publication of the draft electoral rolls for the state of Bihar, scheduled for August 1, reminded the Election Commission of India (ECI) that the ongoing Special Intensive Revision (SIR) must aim for 'en masse inclusion, not exclusion' and told the poll body to consider accepting Aadhaar and Voter ID (Election Photo Identity ) cards as valid documents. A bench of justices Surya Kant and Joymalya Bagchi said the poll body must proceed with the understanding that both documents carry a 'presumption of genuineness'. (HT File) A bench of justices Surya Kant and Joymalya Bagchi said the poll body must proceed with the understanding that both documents carry a 'presumption of genuineness'. The bench issued the directions orally while hearing the petitions filed by the Association for Democratic Reforms (ADR) and others, who have challenged ECI's June 24 notification initiating SIR under Section 21(3) of the Representation of People Act, 1950. Senior advocate Gopal Sankaranarayanan, appearing for ADR, urged the court to stay the publication of the draft rolls, arguing that nearly 4.5 million voters may be adversely affected. 'Once the draft is out, the burden shifts to voters to file objections and seek inclusion,' Sankaranarayanan argued. Senior advocate Rakesh Dwivedi, who appeared for ECI, however, told the court the August 1 list was only a draft and that the process will remain open for 'additions and corrections.' The bench agreed and said that the court could always intervene later if it found illegality in the process. When Sankaranarayanan requested a formal observation that the exercise would be subject to the outcome of the petitions, the court said the same was 'understood' and that it did not need to be recorded. Senior advocate Kapil Sibal, appearing for one of the petitioners, told the court that ECI officials on the ground were refusing to accept Aadhaar and Voter ID despite the court's July 10 oral directions to consider them. Dwivedi said that ECI had flagged concerns about the reliability of certain documents, especially Aadhaar and ration cards. Appearing for Trinamool Congress MP Mahua Moitra, senior advocate Abhishek Manu Singhvi said, 'The impression on the ground is that EC officials are not accepting Aadhaar and EPIC cards despite the court's previous directions.' The court then orally instructed ECI to consider including Aadhaar and EPIC as valid documents for verifying voter eligibility. It also reminded ECI to be cautious while excluding names. 'There is a presumption of correctness with official documents. You proceed with Aadhaar and EPIC. Where forgery is found, you can act on a case to case basis. Any document on this earth can be forged. Instead of en masse exclusion, you should be going for en masse inclusion,' the court said. In its June 24 notification, ECI listed 11 acceptable documents for proving citizenship during the SIR. The accepted documents include birth certificates, matriculation certificates, passport, permanent residence or domicile certificates, among others but exclude Aadhaar cards, PAN cards, and ration cards on the ground that the latter documents are prone to forgery. The petitioners before the Supreme Court have argued that ECI's insistence on just the 11 documents lacks legal backing and can result in mass disenfranchisement. The petitioners, who also include Opposition leaders led by Congress MP KC Venugopal, RJD MP Manoj Jha among others, have also questioned whether ECI has the authority to conduct such a revision and seek proof of citizenship, a function reserved for the Union government. ECI in its affidavit filed last week said that while the exclusive powers of the Central government is confined to reviewing the acquisition of foreign citizenship, ECi is fully competent to require a person claiming citizenship by birth to produce relevant documents for inclusion in the electoral roll. The court had earlier noted that the matter 'goes to the root of the functioning of the democratic republic' and involves the fundamental right to vote. On a previous hearing on July 10, another bench of the court had said the top court will examine three questions, ECI's powers to conduct the SIR, the manner in which it was being carried out, and the timing of the exercise, given the upcoming Bihar Assembly elections. The court is likely to continue with the hearing of the matter on Tuesday.
Time of India
a day ago
- Politics
- Time of India
SIR in Bihar: Accept Aadhaar along with voter ID, SC tells EC
NEW DELHI: The Supreme Court on Monday told the to proceed to authenticate voters based on Aadhaar card and Electors Photo Identity Card (EPIC) and said that Special Intensive Revision (SIR) of electoral rolls in the state should be aimed at en masse inclusion rather than en masse exclusion. Tired of too many ads? go ad free now A bench of Justices Surya Kant and Joymalya Bagchi, however, turned down the plea for putting a stay on SIR exercise. Instead, the court said it would hold daily hearings to enable an expeditious ruling on the issue. To EC's argument that Aadhaar was not a conclusive proof of identity, the court asked which single document gave conclusive proof and told the commission to accept Aadhaar along with EPIC for verifying a voter's credentials. The court in its July 10 order had said, "It would be in the interests of justice if the EC also considers the following three documents such as 1) Aadhaar card; 2) EPIC issued by EC, and 3) Ration card, as these documents would satisfy most of the voters." Senior advocate Gopal Sankaranarayanan, arguing on behalf of petitioners, told a bench of Justices Surya Kant and Joymalya Bagchi that the EC is still not considering these three documents to authenticate the voters and could lead to mass exclusion of names of persons from voters list. For EC, senior advocate Rakesh Dwivedi and Maninder Singh told the SC that the commission had difficulty in accepting ration cards as proof of voters because of large-scale irregularities found earlier. "The revision forms given to people are pre-filled with their EPIC numbers. Since EPIC is not a conclusive proof, the voters must show some other document to authenticate names on the voter list." 'The revision forms given to people are pre-filled with their EPIC numbers. Tired of too many ads? go ad free now Since EPIC is not a conclusive proof, the voters must show some other document to authenticate names on the voter list.' The bench said, 'None of these documents can be said to be conclusive proof of identity. Which is that document giving conclusive proof? Why would you not accept Aadhaar as a conclusive document alongside EPIC? Any document, including Aadhaar can be forged. So, proceed with (SIR while accepting) Aadhaar and EPIC' When Dwivedi raised the apprehension that Aadhaar too could be forged, the bench said the EC can prosecute individuals who attempt to authenticate their names as voters by providing forged documents. 'An exercise of this nature cannot be for en masse exclusion. It should aim for en masse inclusion,' the bench said. Sankaranarayanan said till the time the issue about documents relating to SIR is decided by the SC on adjudication of the petitions, the EC should not proceed with the exercise. Justice Kant-led bench said, 'The earlier order is clear – there cannot be any interim order in this case.' The senior counsel persisted for maintenance of status quo or clarification that SIR would be subject to outcome of petitions in SC. The bench said if it agreed with petitioners, then it had power to quash SIR. 'We need to hear the petitions as expeditiously as possible. Counsel for petitioners must give by Tuesday a schedule detailing the time to be taken by each counsel. We will hear it on a day-to-day basis,' it said.
Time of India
a day ago
- Politics
- Time of India
EC has become a BJP agent to implement NRC: Mamata Banerjee
KOLKATA/BOLPUR: Election Commission had become a "BJP agent to implement NRC", CM Mamata Banerjee alleged at the 'Bhasha Andolan' rally in Bolpur on Monday, and dared the poll body to delete any genuine Bengal voter from the electoral roll. At an administrative meeting, the CM also reminded booth level officers (BLOs) that they were state govt employees and "should not unnecessarily harass people". "Try deleting names here," Banerjee challenged the poll panel. "From chhau to dhol to dhamsa to shankha, sob bajiye debo. Damama bajiye debo," she said, sounding a battle call. The CM said she would not let anyone set up detention camps or implement NRC in Bengal as long as she lived. "I will have the power of the people with me, I will not need any weapons. Is the country their (BJP's) zamindari? The only zamindars are common people," she said. You Can Also Check: Kolkata AQI | Weather in Kolkata | Bank Holidays in Kolkata | Public Holidays in Kolkata Taking on EC, Banerjee said: "I respect the Chief Election Commissioner (CEC) and will humbly pay tribute to him with flowers like marigold, hibiscus and tuberose. I hope you stay well. But you have become an agent of govt to implement NRC." "You are saying they (BLOs) will go to a house once, they may or may not visit four times, it can even be on a single day. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like No annual fees for life UnionBank Credit Card Apply Now Undo They may even choose not to go; then the name will be deleted... You were the principal secretary in the cooperative department of a central govt and you are now consulting the double-engine govt to remove names so that your friend, the double-engine govt, can win." Questioning the special intensive revision (SIR), the CM said, "Even EPIC, Aadhaar and land deeds will not be enough to keep your name on the list. For every voter of Bengal, four from Gujarat will get included. I even know which agency is doing this (on behalf of BJP). They are asking for fresh documents, including the birth certificate of parents. Do you have them yourself?" "Suppose a man goes on a trip for four days after staying for years in Bengal, will you remove his name? Is that possible?" she added. Advising district magistrates to "keep their eyes and ears open", the CM said: "District magistrates should be more vigilant. Often, I see them delegating responsibilities to subordinates. They took 1,000 people to Delhi for training. The district magistrates should have informed me or the chief secretary, but they did not." At an administrative meeting earlier in the day, Banerjee appealed to BLOs to not harass people. "I request BLOs to ensure that no one's name is omitted from the voter list. EC takes charge after the election dates are announced. Before and after that, the administrative responsibility lies with state govt. You work for state govt. Do not harass people unnecessarily," she said.
