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ECI's Bihar voter roll revision order challenged in SC

ECI's Bihar voter roll revision order challenged in SC

Time of India15 hours ago
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Calling the Election Commission of India 's (ECI) decision, to carry out a special intensive revision (SIR) of electoral rolls in Bihar ahead of the upcoming Assembly elections, "arbitrary and undermining free and fair elections ", a plea has been filed in the Apex Court challenging ECI 's decision.The petitioner, Association for Democratic Reforms (ADR), in its PIL has sought quashing of ECI's June 24 order that requires large sections of voters in Bihar to submit proof of citizenship in order to remain on the electoral rolls.The plea contends that ECI's directive violates Articles 14, 19, 21, 325 and 326 of the Constitution and also contravenes the provisions of the Representation of the People Act, 1950 and Rule 21A of the Registration of Electors Rules, 1960. The PIL contends that if not quashed the ECI's order could arbitrarily and without due process disenfranchise lakhs of voters, undermining free and fair elections. The plea further argues that the stringent documentation requirements, absence of adequate procedural safeguards, and the unreasonably short timeline for conducting this special revision in Bihar are likely to result in the wrongful deletion of genuine voters from the rolls, effectively denying them their right to vote.The plea further argues that by issuing the said order, the ECI has shifted the responsibility of proving eligibility to be on the electoral rolls from the State to individual citizens.The petitioner has also submitted that by excluding common identification documents like Aadhaar and ration cards, the process disproportionately impacts marginalised communities and the poor, making them more susceptible to being left out.Furthermore, the requirement under the SIR process for voters to furnish documents not only to prove their own citizenship but also that of their parents violates Article 326, the PIL states. It adds that failing to meet these requirements could lead to their names being excluded from the draft electoral roll or even removed altogether.The PIL contends that the poll body has set an "unreasonable and impractical timeline" for carrying out the SIR in Bihar.
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Mahua Moitra moves SC against ECI's special electoral roll revision in Bihar
Mahua Moitra moves SC against ECI's special electoral roll revision in Bihar

United News of India

time12 minutes ago

  • United News of India

Mahua Moitra moves SC against ECI's special electoral roll revision in Bihar

New Delhi/Kolkata , July 6 (UNI) Trinamool Congress MP Mahua Moitra has filed a petition in the Supreme Court challenging the Election Commission of India's (ECI) June 24 order, which mandates a Special Intensive Revision (SIR) of the electoral rolls in Bihar. The Krishnanagar MP has sought the quashing of the order, terming it "unconstitutional" and in "violation" of fundamental rights guaranteed under Articles 14, 19(1)(a), 21, 325, and 326 of the Constitution of India, as well as provisions of the Representation of People Act, 1950 and the Registration of Electors Rules, 1960. 'Just filed writ petition in Supreme Court challenging ECI notification to conduct SIR in Bihar & seeking a stay on conducting the same in other states including Bengal,' Moitra posted on her X handle. The petition argues that the ECI's directive introduces "extraneous and legally unsanctioned" requirements for retaining or including names in the electoral rolls, including the production of documents proving citizenship — such as proof of citizenship of one or both parents. In the petition filed through Advocate Neha Rathi, the Trinamool Congress MP argued that these requirements are not envisaged by Article 326 of the Constitution or by any provision of the RP Act, and they create arbitrary hurdles for eligible voters. On June 24, the EC announced a Special Intensive Revision (SIR) of electoral rolls in Bihar ahead of the Assembly elections scheduled later this year. As part of the process, voters are required to submit one of 11 approved documents, such as a birth certificate or passport, to verify their date and place of birth. Those born before July 1, 1987, need only provide their own documents. However, those born between July 1, 1987, and December 2, 2004, must also submit one parent's documents, while individuals born after December 2, 2004, must provide documents for both parents. According to the plea, the ECI order excludes commonly accepted identity proofs like Aadhaar and ration cards, disproportionately burdening voters — especially those in rural and marginalised communities. Current field reports from Bihar, the petition notes, suggest that lakhs of voters face imminent risk of disenfranchisement due to these stringent document requirements. 'This is the first time the Election Commission has initiated such an exercise, where voters already listed on the rolls and having voted in past elections are now being asked to revalidate their eligibility. She warns that the move may result in widespread disenfranchisement, undermining democratic principles and the conduct of free and fair elections,' Moitra argued in her petition. The petition also raises concerns about procedural inadequacies. It highlights that the order mandates the exclusion of names from the draft rolls if fresh enumeration forms are not submitted by July 25, 2025 — a deadline the petitioner calls arbitrary and unreasonable, especially for voters needing time to procure documents. The MP has additionally sought a direction to prevent the ECI from extending similar revision drives to other states. She claims the ECI has already issued instructions for the rollout of a similar exercise in West Bengal starting August 2025. Drawing parallels with the controversial National Register of Citizens (NRC), the plea underscores that the revision exercise appears to follow a similar structure and could disproportionately affect the economically and socially vulnerable populations. Interestingly enough, West Bengal Chief Minister Mamata Banerjee on Thursday strongly criticised the new guidelines under the Special Intensive Revision (SIR) process, alleging they are intended to target West Bengal ahead of its 2026 Assembly elections, and indirectly accused the Election Commission of acting as an agent of the BJP. Criticising the Election Commission for taking the decision unilaterally, the chief minister had said, 'This is alarming for democracy. 'India became independent in 1947. Why are people born between 1987 and 2004 being targeted? I don't understand.' The West Bengal chief minister had claimed that the Election Commission could not take such steps without consulting political parties, underscoring that India is a democratic nation with a federal structure, and that no political party or elected government should be treated as subservient. 'Is this being done so that the younger generation cannot vote? How will the poor obtain their parents' documents? Is this NRC in disguise? Are they trying to implement NRC through this? Let them clearly state their intention. Is this what's happening in our country?' Mamata had questioned. UNI XC SSP

TMC MP Mahua Moitra moves Supreme Court against EC's revision of electoral rolls in Bihar
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The Hindu

time29 minutes ago

  • The Hindu

TMC MP Mahua Moitra moves Supreme Court against EC's revision of electoral rolls in Bihar

Trinamool Congress leader and Member of Parliament Mahua Moitra has moved the Supreme Court challenging an order of the Election Commission of India for special intensive revision of electoral rolls in Bihar. In her plea, Ms. Moitra said she seeks setting aside of the order dated June 24 under which Special Intensive Revision (SIR) is being conducted in alleged violation of various provisions of the Constitution. "The present writ petition has been filed in public interest under Article 32 of the Constitution seeking setting aside of order dated 24.06.2025 issued by Election Commission of India under which SIR of electoral rolls in Bihar is being conducted in violation of Articles 14, 19(1)(a), 21, 325, 328 of the Constitution and provisions of Representation of People (RP) Act, 1950 and Registration of Electors (RER) Rules, 1960 which, if not set aside, can lead to large-scale disenfranchisement of eligible voters in the country thereby undermining democracy and free and fair elections," it submitted. Ms. Moitra further sought a direction from the apex court to restrain the Election Commission of India from issuing similar orders for SIR of electoral rolls in other states of the country. "It is submitted that it is for the very first time in the country that such an exercise is being conducted by ECI, where electors whose names are already there in electoral rolls and who have already voted multiple times in are being asked to prove their eligibility," the plea filed through advocate Neha Rathi said. The plea said "the impugned SIR order requires the inclusion or retention of a voter's name in the electoral roll upon production of citizenship documents, including proof of citizenship of either or both parents, failing which the voter is at risk of requirement is ultra vires Article 326 and introduces extraneous qualifications not contemplated by the Constitution of the RP Act 1950.' A similar plea has also been filed by NGO Association of Democratic Reforms challenging the poll panel's direction for SIR of electoral rolls in Bihar. The ECI on June 24 issued instructions to carry out an SIR in Bihar, apparently to weed out ineligible names and ensure only eligible citizens are included in the electoral roll. Bihar goes to polls later this year. The NGO has also sought setting aside of the order and communication, arguing that it violates Articles 14, 19, 21, 325, and 326 of the Constitution, as well as provisions of the Representation of People's Act, 1950, and Rule 21A of the Registration of Electors Rules, 1960. The NGO's plea filed through advocate Prashant Bhushan said the EC order "can arbitrarily and without due process" disenfranchise lakhs of voters and disrupt free and fair elections. "That the documentation requirements of the directive, lack of due process as well as the unreasonably short timeline for the said Special Intensive Revision of Electoral Roll in Bihar further make this exercise bound to result in removal of names of lakhs of genuine voters from electoral rolls leading to their disenfranchisement," the plea said. The last such revision in Bihar was conducted in 2003. According to the EC, the exercise was necessitated by rapid urbanisation, frequent migration, young citizens becoming eligible to vote, non-reporting of deaths, and inclusion of the names of foreign illegal immigrants. It said with the exercise, it wants to ensure the integrity and preparation of error-free electoral rolls. The SIR is being conducted by booth officers, who are conducting a house-to-house survey for verification. The EC said it will scrupulously adhere to the constitutional and legal provisions as laid down in Article 326 of the Constitution and Section 16 of the Representation of the People Act, 1950, in carrying out the revision. Several other civil society organisations like PUCL and activists like Yogendra Yadav have approached the top court against the ECI's direction.

High alert in UP as Muharram and Kanwar Yatra coincide; authorities deploy drones, CCTV and extra forces
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Time of India

time32 minutes ago

  • Time of India

High alert in UP as Muharram and Kanwar Yatra coincide; authorities deploy drones, CCTV and extra forces

Live Events (You can now subscribe to our (You can now subscribe to our Economic Times WhatsApp channel With Muharram processions and the ongoing Kanwar Yatra taking place across several districts in Uttar Pradesh, including Sambhal, Lucknow and Moradabad, the state administration has stepped up security measures to ensure peace and prevent any untoward incidents.A large number of people participated in the Muharram processions in various parts of the state. In view of the Kanwar Yatra happening at the same time, police forces have been deployed in sensitive areas, with drones and CCTV cameras monitoring the to ANI, Sambhal District Magistrate Dr Rajender Pensiya said, "We have held various peace committee meetings at the village, neighbourhood, and district levels. In these discussions, people from all sides were invited. All communities were called, and their issues related to electricity, water, and other problems were addressed... Clear instructions have been given to inform us if any issues arise."He added, "We have appointed magistrates at every location, accompanied by police officers. Any procession, whether for Kanwar Yatra or Muharram, will be conducted in a box format, with our officers stationed on all four sides. Continuous monitoring is also being carried out through drones. Currently, we have over 13,000 CCTV cameras integrated. All necessary arrangements are in place, and action is underway to ban more than 900 persons. Section 163 is in effect. We are confident that everything will be conducted peacefully."In Lucknow, the police have taken extra precautions in the western zone, also known as Old Lucknow, which is considered highly sensitive during Lucknow West Vishwajeet Srivastava told ANI, "During Muharram, Lucknow's western zone, also called Old Lucknow, remains highly sensitive. There is always a zonal sector system 24/7 here. Separate arrangements are made for the processions held in this area."He explained that security during processions is arranged in three layers. "The first moves with the procession in a box formation, the second handles route arrangements, and the third is stationed at key locations of the procession. CCTV cameras have been installed at 82 locations. Volunteers from the Civil Defence Organisation are also present. Three types of drones have been deployed. Our social media team is fully active, and we are in constant communication with religious leaders," Srivastava Moradabad, District Magistrate Anuj Kumar Singh said that police are alert and taking proactive steps to ensure that both Muharram and Kanwar Yatra take place peacefully."...A Peace Committee meeting was held with the people, instructing them on Taziya's height and children's participation," he Anuj also said that preparations for the Kanwar Yatra are in full swing. "We are preparing for the Kanwar route. The road situation is good this time. We inspected it yesterday, and PWD and municipal bodies are working to resolve the remaining issues.""Cameras are being installed on the Kanwar Yatra route... Additionally, we have identified individuals who played negative roles during past events, and efforts are underway to ban them to maintain peace... DJs are also instructed to control their volume," he added.

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