Commission Defends Process Amid Petitions Over Voter Exclusions
The Election Commission of India (ECI) has informed the Supreme Court that it is under no statutory obligation to prepare or publish a separate list of voters excluded from the draft electoral rolls or to state reasons for their exclusion. This clarification came in connection with petitions challenging the Bihar Special Intensive Revision (SIR) of electoral rolls.
Deputy Election Commissioner Sanjay Kumar, in an affidavit, stated that neither the Representation of the People Act, 1950 nor the Registration of Electors Rules, 1960 requires such a separate publication. He emphasised that the draft rolls issued on August 1 include all individuals whose enumeration forms were received during the exercise.
Remedy for Missing Names
The Commission explained that any eligible voter whose name is missing from the draft list can submit Form 6, along with the required declaration, by September 1. Electoral Registration Officers are then obligated to conduct hearings and provide reasons if inclusion is contested.
Before publishing the draft rolls, the ECI said it had already shared booth-level lists of individuals whose forms were not received with recognised political parties via district presidents and booth-level agents. Updated lists were provided again after political parties reported back on their outreach efforts. These steps were also detailed in a press note issued on July 27.
Response to ADR’s Allegations
The affidavit was filed in response to a petition by the Association for Democratic Reforms (ADR), which alleged that the ECI had discontinued its earlier practice of publishing lists of deleted electors and had stopped providing figures for additions and deletions. ADR also highlighted that in districts like Darbhanga and Kaimur, Booth Level Officers (BLOs) marked a significant number of voter applications as “not recommended” despite their enumeration forms being uploaded.
The ECI dismissed these claims as “patently false and erroneous,” arguing that voters can check the status of their enumeration forms online using their EPIC number, and that contact details of BLOs are available for verification. The Commission clarified that the “not recommended” tag is merely an administrative tool for scrutiny and does not determine voter eligibility, which remains subject to verification by registration officers.
No Deviations from Law
Addressing allegations of deviation from past practice, the ECI said the petitioner had wrongly relied on a final electoral roll from 2024. Reasons for deletion appear only in final rolls after the claims and objections stage—not in the draft rolls. The Commission further assured the Court that no voter will be removed from Bihar’s draft electoral roll without prior notice, an opportunity to be heard, and a reasoned order from the competent authority.
Call for Dismissal of Petitions
The ECI urged the Supreme Court to dismiss the petitions, impose costs, and initiate contempt proceedings against the petitioners for allegedly making misleading statements to prejudice the Court. The SIR, launched on June 24, is the first such revision in Bihar since 2003. Petitions by ADR, PUCL, and others allege violations of constitutional and electoral provisions.
On July 10, the Supreme Court refused to halt the revision but directed the ECI to accept Aadhaar, EPIC, and ration cards as valid documents. The case is scheduled for hearing on August 12 and 13.
