Pleas in SC challenge EC’s revision of electoral rolls in Bihar
The petitions have also questioned the need for citizens, who do not figure in the earlier revised roll of 2003, to prove their citizenship based any of the list of 11 documents prescribed by the poll body
The Association of Democratic Reforms (ADR) and political activist Yogendra Yadav have filed petitions in the Supreme Court, challenging the Election Commission’s (EC) decision to undertake a special intensive revision (SIR) of electoral rolls in poll-bound Bihar, with the development coming amid a political uproar over the controversial move.
ADR, a non-profit working on electoral and political reforms, in its petition alleged that the June 24 directive of the EC to carry out an SIR in Bihar was arbitrary and unconstitutional, and that the move will lead to disenfranchisement of nearly 30 million citizens in the state. Yadav, on the other, questioned the timing of SIR, claiming that a “de novo (afresh) preparation of the rolls, just six months after a detailed survey, two months after a revision of rolls and a few months before state elections betrays complete nonapplication of mind by the ECI, and renders the present process manifestly arbitrary.”
The petitions have also questioned the need for citizens, who do not figure in the earlier revised roll of 2003, to prove their citizenship based any of the list of 11 documents prescribed by the poll body, which does not contain the basic identity documents of Aadhaar card, ration card, ECI’s Photo Identity Card, or the MGNREGA job card, which are readily available.
“For the first time, the requirement to furnish documents is being weaponised not only to add new voters, as has been the historical practice, but also to cause automatic en-masse deletion of existing electors, including those who have voted in multiple previous elections,” Yadav said in his plea.
This reversal of purpose marks a disturbing shift in electoral policy, one that undermines settled expectations, voter’s right to continuity, and disregards the legitimacy of longstanding voters on the basis of whose votes multiple governments have been formed, Yadav’s plea said, while affirming: “This revision, therefore, appears to be a calculated exercise to purge the rolls of inconvenient voters, and a veiled attempt at mass disenfranchisement.”
Both petitions questioned the short notice available to voters to arrange for the documents in a state like Bihar, where high level of illiteracy, poverty and migration may seriously disadvantage marginalised communities such as Dalits, tribals, OBCs, migrant workers and transgenders, who may lack access to documents such as birth certificates or parental records to prove their eligibility to remain on the electoral roll.
The ADR’s petition filed through advocate Prashant Bhushan on Friday sought the setting aside of the EC order, alleging that SIR violates fundamental rights under Articles 14, 19, and 21, as well as other provisions of the Constitution. “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,” it alleged.
The plea further alleged that the ongoing exercise also violates the provisions of the Representation of the People Act, 1950, and Rule 21A of the Registration of Electors Rules, 1960. “While SIR of Bihar or any other state of country is a positive step, but the manner in which ECI has directed the conduct of SIR in a poll bound state like Bihar, has raised questions from all stakeholders, particularly the voters,” ADR said.
Bihar will go to assembly polls in October-November this year.
“As per estimates over 3 crore (30 million) voters and more particularly from marginalised communities (such as SC, STs and migrant workers) could be excluded from voting due to the stringent requirements as mentioned in the SIR order,” the petition added.
EC, in a comprehensive note issued on July 3, said the SIR drive will cover nearly 79 million electors across the state and the final electoral roll is scheduled to be published on September 30.
The need for the revision, according to EC, stems from rapid urbanisation, frequent migration, a surge in first-time voters, non-reporting of deaths and concerns about “foreign illegal immigrant”. However, opposition parties allege the exercise is designed to disrupt the level playing field ahead of assembly elections.
