We will interfere if there is any deviation: Supreme Court in Bihar electoral roll case

The Supreme Court on Tuesday said it will start hearing on August 12 and 13, the petitions challenging the Special Intensive Revision (SIR) of electoral rolls in Bihar where assembly polls are scheduled for later this year.

Importantly, the Bench of Justice Surya Kant and Justice Joymalya Bagchi warned that it will interfere with the SIR process in case of any deviation by the Election Commission from the norms.

"The moment they (Election Commission) deviate from [SIR] notification...... we will interfere," Justice Kant remarked.

In the order passed today, the Court said,

"Having regard to the proposed timeline suggested by both sides and keeping in view the urgency and nature of issues that fall for consideration, let these matters be listed further consideration on 12-13 August."

The Court was hearing a batch of petitions challenging the ECI’s June 24 directive for a Special Intensive Revision (SIR) of electoral rolls ahead of the State assembly polls.

According to the petitioners, the move violates Articles 14, 19, 21, 325, and 326 of the Constitution and deviates from the procedure laid down under the Representation of the People Act, 1950 and the Registration of Electors Rules, 1960.

However, the Election Commission of India (ECI) defended its directive, asserting that it is empowered to undertake such an exercise under Article 324 of the Constitution and Section 21(3) of the Representation of the People Act, 1950.

It maintained that the revision was necessary in light of urban migration, demographic shifts, and long-standing concerns about the accuracy of existing rolls, which had not been intensively revised in nearly twenty years. Aadhaar and ration cards can be obtained through fraudulent or falsified documentation, it said about the list of acceptable documents for voter verification. 

On Monday, the Court suggested to the ECI to include Aadhaar in the list of acceptable documents, observing that any of the documents enlisted by the ECI could be forged.

Today, advocate Prashant Bhushan appeared for one of the petitioners, Association for Democratic Reforms (ADR), and submitted that about 65 Lakh people were being excluded in the process.

"They are saying out of 65 lakh people, majority are deceased or they are...," Bhushan submitted.

However, Senior Advocate Rakesh Dwivedi for the ECI submitted that the final number would be public only once objections are considered.

"Once objections are considered, real picture would come as to who has been excluded. At least by September 15, we are expecting (final list)," he said.

The Court then said it can hear the matter in August and September.

"Right now nearest dates available are August 12-13. First apprehension seems to be about draft list. We can hear your grievance on that. Second phase we can take in September," Justice Kant said while adjourning the matter.

The Court today appointed nodal counsel in the case and asked them to submit a complete list of pleadings on or before August 8.

Advocate Neha Rathi was appointed as a nodal counsel for the petitioners' side.