On Tuesday, the Supreme Court called upon the Election Commission of India (ECI) to furnish a detailed response to allegations concerning the deletion of approximately 65 lakh names from the draft electoral roll in Bihar, published on August 1 as part of a Special Intensive Revision (SIR) exercise.
A Bench comprising Justice Surya Kant, Justice Ujjal Bhuyan, and Justice NK Singh issued the direction while hearing an intervention application filed by the Association for Democratic Reforms (ADR). The application seeks transparency regarding the identity and status of the voters whose names have been excluded, and questions the procedure adopted by the ECI in effecting these deletions.
Advocate Prashant Bhushan, appearing for ADR, argued that the draft roll failed to disclose the grounds for the omission of these names, whether on account of death, migration, untraceability, or duplication. It was also contended that the ECI had not supplied this information at the booth level to political parties, despite the standard operating procedure (SOP) requiring such disclosure. He submitted that Booth Level Officers (BLOs) had, in some instances, recommended non-inclusion even where enumeration forms had been uploaded. He further stated that a significant number of entries were processed without submission of requisite documents, raising concerns of procedural impropriety. "The majority of those whose forms have been received has not given any of these forms," he noted.
In response, counsel for the ECI maintained that the draft list was shared with political party representatives and denied any deviation from prescribed procedures. He emphasised that the ECI's obligation extended to making the draft roll publicly available.
The Court, however, directed the Commission to file a comprehensive reply by Saturday, including the list of political parties to whom the draft roll and associated deletion details were shared. “Let Mr. Bhushan look at it. Then we can see what is disclosed and what is not disclosed,” Justice Surya Kant observed.
The ECI had earlier stated that deletions were based on reports from BLOs and Booth Level Agents (BLAs), identifying 22 lakh deceased voters, 7 lakh duplicate entries, and 35 lakh individuals who had either migrated or could not be traced. However, ADR contends that the draft roll published on August 1 does not indicate which voters fall under each category, nor does it provide reasons for deletion in individual cases.
The application also highlights the absence of routine legal remedies, such as notice, hearing, or appeal, under Section 21A of the Registration of Voters Rules for those omitted from the draft roll. ADR argues that such individuals are at heightened risk of disenfranchisement, as they are precluded from participating in the claims and objections process.
ADR further pointed out that in at least two districts, Darbhanga and Kaimur, Booth Level Officers (BLOs) had declined to recommend a substantial number of voters for inclusion, despite the submission of their enumeration forms.
The Apex Court is scheduled to hear the matter on August 12, alongside other petitions challenging the legality of the ongoing Special Intensive Revision (SIR) exercise in Bihar ahead of the upcoming Assembly elections.
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