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India.com
14 hours ago
- Politics
- India.com
Supreme Court: Aadhaar Not Valid Proof Of Citizenship Amid Bihar Voter Row
The Supreme Court of India has confirmed the Election Commission of India's (ECI) stand that an Aadhaar card cannot be used as sole proof of Indian citizenship, stressing proper verification must be done. This critical judgment occurs in the backdrop of the current fracas over Bihar's Special Intensive Revision (SIR) of electoral rolls. At the hearing, Justice Surya Kant, who was hearing the case, emphasised that while Aadhaar is an important identification document for numerous services, it does not in itself determine a holder's nationality. "The EC is right to state Aadhaar cannot be taken as final evidence of citizenship. It has to be authenticated," said Justice Kant to Senior Advocate Kapil Sibal, who represented the petitioners against the ECI's method. One of the main issues of debate in front of the top court was the ECI's right to carry out such a large-scale voter verification exercise. Justice Kant said the whole issue would turn on whether the ECI had such inbuilt power. If the power existed, he added, there can be no question raised about the process of verification itself. Arguments For Petitioners And ECI's Defense Senior Counsel Kapil Sibal, appearing for the petitioners, had submitted that all those born in India since 1950 are citizens. But he raised serious procedural irregularities in the ongoing SIR exercise, highlighting instances of even living persons being listed as deceased in electoral rolls and Booth Level Officers (BLOs) allegedly not doing their job properly. Sibal also stated that the procedure adopted by the ECI can result in the en masse disqualification of voters, especially affecting those who cannot produce the necessary forms. He pointed out that voters already enrolled on the 2003 electoral rolls were being requested to resubmit new forms, and defaulting could lead to their deletion from the electoral rolls in the absence of a change of residence. He alleged that while 7.24 crore individuals had given forms, about 65 lakh names had been removed without authentic verification of death or migration, a fact the ECI had agreed to in an affidavit admitting no survey had justified these removals. Supporting the petitioners' arguments, Senior Advocate Gopal S. described the removal of 6.5 million names from the rolls as a case of "mass exclusion." On the other hand, Senior Advocate Rakesh Dwivedi, appearing for the Election Commission, explained that the existing list is actually a draft electoral roll. Admitting that small mistakes are unavoidable in such a massive exercise, he denied complaints that live persons were intentionally included as deceased, stating that any such mistakes can be corrected before the final roll is released.
Hindustan Times
a day ago
- Politics
- Hindustan Times
Action without inquiry would be too harsh, says Bengal on ECI order to suspend 4
Kolkata: The West Bengal government informed the Election Commission of India (ECI) on Monday that it has withdrawn a state government officer and a data entry operator from election-related duties and initiated an inquiry. West Bengal chief minister Mamata Banerjee during a programme organised to celebrate 'World Tribal Day' in Jhargram on Thursday. (ANI) This comes days after the ECI directed the Mamata Banerjee government to suspend four West Bengal government officers associated with the updation of electoral rolls and lodge a police complaint against them, as well as a data entry operator. The officers were accused of adding fictitious voters' names to the electoral roll and compromising data security. 'Initiating proceedings before a detailed enquiry against these officers, who have consistently demonstrated sincerity and competence, may be a disproportionately harsh measure. Such an action could have a demoralising impact not only on the individuals but also on the broader team of officers engaged in electoral responsibilities and other administrative functions,' chief secretary Manoj Pant said in a letter to ECI secretary Sujeet Kumar Mishra. On August 5, ECI told the state government to suspend two Electoral Registration Officers (EROs) and two Assistant Electoral Registration Officers (AEROs) accused of adding fictitious voters to the electoral roll and compromising data security. The poll panel also directed the state's chief secretary to lodge FIRs against the four officers and a casual data entry operator. The two EROs are West Bengal Civil Service (executive) officers. Chief minister Mamata Banerjee, however, had made it clear that her government will not penalise the officers. 'Government officers were being threatened. Yesterday two of my government officers were suspended. The state was directed to lodge FIR against them. Has the election been announced? Under which law are you (ECI) directing us? I won't do this. I won't punish them,' she said at a rally in Bengal's Jhargram district two days after getting the ECI directive. On Friday, ECI gave the state government till 3pm on Monday to submit a compliance report on the action taken against the four officers and the data entry operator. The chief secretary said the services of AERO of Moyna AC and the data entry operator of Baruipur Purba have been withdrawn from electoral revision and election-related duties. 'Further action taken report will be submitted post completion of enquiry,' the chief secretary said in his letter on Monday. According to ECI, the two EROs were accused of accepting a large number of Form 6 from alleged fictitious voters following a sample checking of applications from new voters in the state. Further enquiry revealed that the mandatory verification by the Booth Level Officers (BLOs) were also allegedly not done in those cases. The officers were also accused of providing user access to ERO Net, a centralised system that helps election officials with electoral roll management, to unauthorised users. Meanwhile, the West Bengal Civil Service (Executive) Officers' Association sought the state government's intervention, saying that the officers had no deliberate or mala fide intent behind any procedural lapse and the suspension appeared to be a harsh measure. The association requested the state government to take up the matter with the ECI and consider a review of the suspension orders. 'District level officers and field officers have a wide range of responsibilities and functions assigned to them by their appointing authorities, in addition to the electoral roll revision works and other election-related works which are time bound tasks. Therefore, there are occasions where certain functions are delegated to the subordinate staff in good faith,' the chief secretary said in his letter. The letter also stated that the government has undertaken a comprehensive review of the existing processes and procedures governing the conduct of the said exercise.
India.com
3 days ago
- Politics
- India.com
Bihar SIR Row: Not Mandated To Share Separate List Of Omitted Voters, ECI Tells SC
The Election Commission of India (ECI) has filed an affidavit in the Supreme Court opposing the Association for Democratic Reforms (ADR)'s demand to disclose constituency and booth-wise details of about 65 lakh electors whose enumeration forms were not submitted. The ADR's application had sought two directions: first, to publish a constituency and booth-wise list of omitted electors with reasons such as death, permanent migration, duplication, or being untraceable; and second, to disclose the names of electors whose enumeration forms have been "not recommended" by the Booth Level Officers (BLOs). In its reply, the poll body said that the statutory scheme under the Representation of People Act, 1950, and the Registration of Electors Rules, 1960, does not mandate creating or publishing such a list. It said that the ECI is not required to prepare or share any separate list of names of people not included in the draft electoral rolls, or publish the reasons for non-inclusion of anyone in the draft electoral rolls for any reason. 'As neither the law nor guidelines provide for preparation or sharing of any such list of previous electors whose enumeration form is not received for any reason during the Enumeration phase, no such list can be sought by the petitioner as a matter of right,' the affidavit stated. It added that any eligible voter whose name is missing can file Form 6 along with a declaration to lodge a claim for inclusion in the draft electoral rolls during the claims and objections period, i.e., between August 1 and September 1. The above process implicitly indicates that the applicant is not deceased, permanently shifted, or untraceable, explained the poll body. 'Thus, providing reasons for non-inclusion along with the list of names serves no practical purpose as the exercise for all three aforestated categories of reasons remains the same, i.e., filing of Form 6 along with Declaration under Annexure-D,' the ECI stated. The reply document said that the ADR's assertion that, without availability of reasons, the individuals whose names are omitted from the draft rolls will not be able to seek appropriate recourse is 'false, misconceived, and unsustainable'. As per the ECI, exclusion of a name from the draft rolls is not equivalent to deletion from the electoral rolls. 'The draft roll simply shows that the duly filled enumeration form of existing electors has been received during the enumeration phase,' explained the poll body. It said that prior to the publication of the draft electoral roll, the ECI had directed the instructed the Chief Electoral Officer (CEO), District Election Officers (DEOs), Electoral Registration Officers (EROs), and BLOs to provide political parties with booth-level lists of individuals whose enumeration forms had not been received for any reason, and to seek their help in reaching these electors. 'Such meetings were held across the state in all districts, and the lists were duly supplied to recognised political parties through their district presidents and appointed Booth Level Agents (BLAs),' the affidavit said. It further pointed out that after the publication of the draft rolls, political parties were provided with an updated list of electors whose names were not included, to ensure every effort was made to reach these individuals and that no eligible voter was left out. 'The political parties have acknowledged receipt of the said list. Here, it is also pertinent to point out that the list includes acknowledgements on behalf of CPI(M-L) as well,' stated the ECI. It highlighted that voters can check their status online by entering their EPIC number on the poll body's official website, which also provides BLO contact details for assistance. 'Thus, it is a blatant attempt on the part of the petitioner (ADR) to mislead this Hon'ble Court by deliberately making patently false and erroneous assertions in the application. The petitioner's approach is consistent with its earlier attempts to malign the ECI by building false narratives on digital, print and social media,' added the affidavit, urging the apex court to impose heavy costs and consider contempt proceedings against the ADR.
Hans India
3 days ago
- Politics
- Hans India
Bihar SIR row: Not mandated to share separate list of omitted voters, ECI tells SC
The Election Commission of India (ECI) has filed an affidavit in the Supreme Court opposing the Association for Democratic Reforms (ADR)'s demand to disclose constituency and booth-wise details of about 65 lakh electors whose enumeration forms were not submitted. The ADR's application had sought two directions: first, to publish a constituency and booth-wise list of omitted electors with reasons such as death, permanent migration, duplication, or being untraceable; and second, to disclose the names of electors whose enumeration forms have been "not recommended" by the Booth Level Officers (BLOs). In its reply, the poll body said that the statutory scheme under the Representation of People Act, 1950, and the Registration of Electors Rules, 1960, does not mandate creating or publishing such a list. It said that the ECI is not required to prepare or share any separate list of names of people not included in the draft electoral rolls, or publish the reasons for non-inclusion of anyone in the draft electoral rolls for any reason. 'As neither the law nor guidelines provide for preparation or sharing of any such list of previous electors whose enumeration form is not received for any reason during the Enumeration phase, no such list can be sought by the petitioner as a matter of right,' the affidavit stated. It added that any eligible voter whose name is missing can file Form 6 along with a declaration to lodge a claim for inclusion in the draft electoral rolls during the claims and objections period, i.e., between August 1 and September 1. The above process implicitly indicates that the applicant is not deceased, permanently shifted, or untraceable, explained the poll body. 'Thus, providing reasons for non-inclusion along with the list of names serves no practical purpose as the exercise for all three aforestated categories of reasons remains the same, i.e., filing of Form 6 along with Declaration under Annexure-D,' the ECI stated. The reply document said that the ADR's assertion that, without availability of reasons, the individuals whose names are omitted from the draft rolls will not be able to seek appropriate recourse is 'false, misconceived, and unsustainable'. As per the ECI, exclusion of a name from the draft rolls is not equivalent to deletion from the electoral rolls. 'The draft roll simply shows that the duly filled enumeration form of existing electors has been received during the enumeration phase,' explained the poll body. It said that prior to the publication of the draft electoral roll, the ECI had directed the instructed the Chief Electoral Officer (CEO), District Election Officers (DEOs), Electoral Registration Officers (EROs), and BLOs to provide political parties with booth-level lists of individuals whose enumeration forms had not been received for any reason, and to seek their help in reaching these electors. 'Such meetings were held across the state in all districts, and the lists were duly supplied to recognised political parties through their district presidents and appointed Booth Level Agents (BLAs),' the affidavit said. It further pointed out that after the publication of the draft rolls, political parties were provided with an updated list of electors whose names were not included, to ensure every effort was made to reach these individuals and that no eligible voter was left out. 'The political parties have acknowledged receipt of the said list. Here, it is also pertinent to point out that the list includes acknowledgements on behalf of CPI(M-L) as well,' stated the ECI. It highlighted that voters can check their status online by entering their EPIC number on the poll body's official website, which also provides BLO contact details for assistance. 'Thus, it is a blatant attempt on the part of the petitioner (ADR) to mislead this Hon'ble Court by deliberately making patently false and erroneous assertions in the application. The petitioner's approach is consistent with its earlier attempts to malign the ECI by building false narratives on digital, print and social media,' added the affidavit, urging the apex court to impose heavy costs and consider contempt proceedings against the ADR.
The Hindu
3 days ago
- Politics
- The Hindu
No name will be deleted without notice, says ECI on Bihar SIR
The Election Commission of India (ECI) assured the Supreme Court on Saturday (August 9, 2025) that deletion of voters' names in the Bihar draft electoral roll, published on August 1 as part of the Special Intensive Revision (SIR) exercise, would be done only after issuing prior notice indicating the grounds for the action. The ECI was responding to an application filed by Association for Democratic Reforms, represented by advocates Prashant Bhushan and Neha Rathi, in court to direct the poll body to provide individual details of the approximately 65 lakh names deleted from the draft electoral roll. The affidavit did not directly address this point raised by the NGO. Instead, the commission said its policy would be adhere to the principles of natural justice by giving voters facing deletion a 'reasonable opportunity of being heard and furnishing relevant documents'. The subsequent order by the competent authority would be 'a reasoned and speaking' one. 'These safeguards are further reinforced by a robust two-tier appeal mechanism prescribed under the relevant rules, thereby ensuring that every elector has adequate recourse against any adverse action,' the EC said in an additional affidavit. Booth-level lists have been provided to political parties, the EC assured. 'To facilitate thorough scrutiny of the draft roll from August 1 to September 1, printed and digital copies of draft rolls have been made available to political parties, and online facility for the public at large,' the affidavit said. The poll body said 2.5 lakh volunteers, mostly Bihar government officials, have been deployed to assist eligible voters obtain requisite documents from the various State departments to avoid exclusion from the final electoral roll. 'Accordingly, even in cases in which any vulnerable elector does not presently possess any document, he/she would be facilitated in the process of obtaining such documents. The Commission is taking every possible step to ensure that eligible elector is not excluded from the electoral roll,' the affidavit updated about the ongoing claims and objections process following the publication of the draft roll. The poll body said advertisements in Hindi were issued setting out the timeframe and the manner for filing applications and participating in the claims and objections period so as to secure inclusion of the names of eligible voters before the final publication of the Bihar electoral rolls. The EC said it has completed the first stage of the SIR, which has yielded 'substantial progress'. Repeated house visits were made by the 77,895 Booth Level Officers (BLOs) to collect enumeration forms to ensure no voter was left behind in Bihar. Provisions were made for any of the over 1.6 lakh Booth Level Agents (BLAs), appointed by 'all major political parties', to submit up to 50 enumeration forms in a day, the EC said. Special urban camps in 261 urban local bodies to attract the attention of urban voters and Hindi advertisements in 246 newspapers were issued and Chief Electoral Officers of all States and Union Territories were asked to facilitate the online/physical filing of forms to make sure that no temporary migrant from Bihar was left out of the roll. Young electors who attained the qualifying age as on October 1 are being wooed to enrol in special campaigns scheduled for the claims and objections period.
