No law to publish separate list of excluded voters or give reasons for exclusion: ECI to Supreme Court in Bihar SIR case

There is no legal requirement for it to prepare or publish a separate list of voters excluded from draft electoral rolls or give the reasons for their exclusion, the Election Commission of India told the Supreme Court in the case concerning Bihar Special Intensive Revision (SIR) exercise.

In its reply in the petitions over SIR in Bihar, Deputy Election Commissioner Sanjay Kumar said the Representation of People Act, 1950 and the Registration of Electors Rules, 1960 do not require the ECI to prepare or share any separate list 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.

The Commission said the draft rolls published on August 1 contained the names of all those whose enumeration forms were received. Anyone whose name is missing can file Form 6 along with a prescribed declaration by September 1 after which Electoral Registration Officers must hold hearings and give reasons in cases where inclusion is contested.

According to the ECI affidavit, before publishing the draft rolls, the poll body had shared booth-level lists of electors whose forms were not received were shared with recognised political parties through their district presidents and booth-level agents before publishing the draft rolls.

Updated lists were again provided after political parties reported on their outreach efforts. This process was also detailed in a press note issued on July 27, the affidavit stated.

The affidavit was filed in response to a petition filed by NGO Association for Democratic Reforms (ADR) raising objections to the SIR exercise ahead of the upcoming assembly elections in Bihar.

The plea by ADR claimed that ECI has done away with the earlier practice of publishing the list of deleted electors. The number of deletions or additions in the electoral roll is also not being provided, the plea said.

Further, it was noted that in at least two districts - Darbhanga and Kaimur - Booth Level Officers (BLOs) have "not recommended" a large number of voters for inclusion in the electoral roll, even though their enumeration forms were uploaded.

In response, the ECI has said in its affidavit the petitioner’s claim that such information was not available was “patently false and erroneous” and that voters can check their enumeration form status online using their EPIC number along with contact details of the concerned BLO,

"...the Petitioner asserts that this list does not contain the reasons for non-submission of Enumeration Forms. It is submitted that the aforesaid assertion is patently false and erroneous. The said assertion is yet another attempt made by the Petitioner to mislead and prejudice this Hon’ble Court,” the affidavit said.

On the allegation of deviation from past practice, the Commission said the petitioner had relied on a final electoral roll from 2024, whereas reasons for deletion appear only in final rolls issued after claims and objections are decided, not in draft rolls.

On “not recommended by BLO” marking, the affidavit said it was an administrative aid for scrutiny, has no bearing on voter eligibility, and is subject to verification by registration officers.

The ECI has asked the Court to dismiss the application, impose costs, and initiate contempt proceedings against the petitioner for making what it described as false statements intended to mislead the Court.

In a separate affidavit, the poll body also told the Supreme Court that no name will be struck off from Bihar’s draft electoral roll without prior notice, an opportunity to be heard, and a reasoned order from the competent authority.

The SIR, announced on June 24, is the first such revision in Bihar since 2003.

Petitions by the Association for Democratic Reforms, PUCL and others challenge the process, alleging violations of constitutional provisions and election law.

On July 10, the Supreme Court refused to stay the revision but asked the ECI to allow Aadhaar, EPIC and ration card as valid documents. The matter is listed for hearing on August 12 and 13.