Bihar SIR: Supreme Court orders political parties to help those excluded from draft rolls to file objections

The Supreme Court on Friday asked political parties to assist the people who have been excluded from the draft electoral roll during the ongoing Special Intensive Revision (SIR) in Bihar.

The Bench of Justices Surya Kant and Joymalya Bagchi expressed surprise that Bihar has over 1.60 lakh booth-level agents (BLAs) of political parties, but only two objections have been filed as per the Election Commission of India (ECI).

However, it also noted the submission of the political parties that BLAs were not being permitted to submit their objections.

The Court thus directed all the 12 recognised political parties to issue specific instructions to BLAs to assist voters in submitting the requisite forms, along with the 11 documents enlisted by ECI or Aadhaar card, to get themselves included in the voters list.

Pertinently, the Court today impleaded 12 registered political parties in the case which it has been hearing.

It also reiterated that individual persons or BLAs are entitled to apply online seeking inclusion in the voter list. It added it would not be necessary to file physical documents.

The Court asked BLAs to ensure that the 65 lakh names not included in the draft electoral roll, except those who dead or who are not voluntarily in it, are assisted in submitting their objections.

"Wherever the physical forms are submitted, the booth level officers are directed to acknowledge the form," the Court further ordered.

The Court was hearing a batch of petitions challenging the ECI’s June 24 directive ordering an SIR of electoral rolls ahead of the upcoming Bihar assembly elections.

One of the petitioners, Association of Democratic Reforms (ADR), argued that the SIR can arbitrarily and without due process disenfranchise lakhs of citizens from electing their representatives, thereby disrupting free and fair elections and democracy in the country. 

On the other hand, the ECI defended its June 24 directive, asserting that it has plenary powers under Article 324 of the Constitution and Section 21(3) of the Representation of the People Act, 1950 to conduct a revision of electoral rolls. 

On August 6, the Court was told that 65 lakh names were dropped from the draft electoral roll published on August 1. The ECI in a response assured the Court that no name will be struck off the draft electoral roll without prior notice, a hearing opportunity and a reasoned order from the competent authority.

On August 14, the Court had directed the ECI to upload the list of 65 lakh voters proposed to be deleted during the SIR.

Today, Senior Advocate Rakesh Dwivedi told the Court that the ECI has complied with the earlier order in letter and spirit. He said that anyone wrongly excluded from the draft electoral roll can file a form along with supporting documents for correction.

Dwivedi further said that not a single political party has filed any objection. It is duty of political parties to come to the aid of the ECI, he added.

"There are 1.6 lakh BLAs and if each verifies 10 claims...We don't mean to exclude anything which cannot be. ERO shall not delete any entry from draft roll without inquiring and affording an opportunity to be heard for them," he added.

"Also, individuals have to come forward and explain. If you are registered somewhere else, you must explain...like I forgot to take off my name at the older place...for Maha Kumbh or Durga Puja...people know...They come forward. They don't have to be told. Same is with elections," Dwivedi further said.

He said that the ECI should be given more time before any further directions are passed by the Court.

"Crores have been filing documents...please wait and see. Repose some trust on the ECI," he said.

Advocate Prashant Bhushan, representing ADR, said that many people would still not be aware about the process. He highlighted that the ECI is now asking people with claims to file Form 6 for fresh entry and with a declaration along with Aadhaar.

"They say 85,000 people have come forward. Many are migrant workers and working outside the state. There is flood in many districts of Bihar," he added.

The Court remarked that political parties with their BLAs can assist the people. The political workers at rural level are in a best position to assist, he added.

"We are surprised at inaction of political parties. After appointing BLAs, what are they doing...Why distance between political workers and the local people?" Justice Kant remarked.

Senior Advocate Gopal Sankaranarayanan, also appearing on the petitioners' side, questioned the legality of the entire SIR process.

"One day, they will come in Delhi..and give these enumeration forms.. I will say this I will not fill it. See what was asked for in 2003," he said.

He highlighted today's Indian Express report stating that in 2003, the ECI had accepted Elector's Photo Identity Card (EPIC) for verification.

"Now you have said allow Aadhaar. They are saying to those who are going with Aadhaar that give another document," he added.

The Court said that it would decide on this aspect.

Advocate Vrinda Grover, appearing for a petitioner organization, submitted that the ECI's actions were leading to confusion. Grover said that reasonable time should be given for the process.

"ECI is creating the problems and they do not want to hear it. They are creating the confusion," she added.

When Justice Kant remarked that political parties should have performed their responsibilities, Grover said that voters should not be caught in the tussle.

Advocates Nizam Pasha and Fauzia Shakil also made arguments today.