A petition has been filed before the Supreme Court challenging the Election Commission of India’s (ECI) decision to carry out a “Special Revision” of electoral rolls in Assam instead of a “Special Intensive Revision” as was done in Bihar and twelve other States and Union Territories.

The petition has been filed by Mrinal Kumar Choudhury, former President of the Gauhati High Court Bar Association, questioning the Election Commission’s order dated November 17.

As per the petition, the ECI has acted in an arbitrary and discriminatory manner by directing a lower form of revision for Assam while conducting Special Intensive Revision in Chhattisgarh, Goa, Gujarat, Kerala, Madhya Pradesh, Rajasthan, Tamil Nadu, Uttar Pradesh, West Bengal, Andaman and Nicobar Islands, Lakshadweep and Puducherry.

This contradicts the Election Commission’s own position reflected in its Bihar SIR order as well as its affidavit before the top court, wherein it had stated on oath that Special Intensive Revision would be conducted across the country.

The petition relies on the report of former Assam Governor Lt. General SK Sinha and statements of then Union Home Minister Indrajit Gupta, which recorded that as far back as 1997, there were between 40 to 50 lakh illegal immigrants living in Assam.

According to the petition, lakhs of illegal immigrants are presently residing in Assam and their names have been incorporated in the existing electoral roll. Unless a Special Intensive Revision is conducted, these persons would acquire voting rights in the upcoming Assembly elections which would have a cascading impact on the socio-political fabric of the State and result in demographic imbalance, the petitioner has alleged.

The plea has also drawn attention to the Supreme Court’s own concerns regarding adverse demographic impact arising from illegal immigration, as recorded in Sarbananda Sonowal I and II and in proceedings concerning Section 6A of the Citizenship Act.

The petitioner has prayed for quashing of the ECI decision to conduct a Special Revision and has sought a direction to hold an SIR like in other States.

The petitioner has also sought directions that Aadhaar should not be treated as a valid document for inclusion in the electoral roll during the revision process.

The petition has been settled by Senior Advocate Vijay Hansaria and filed through advocate Anasuya Choudhury.