Bihar Voter List Revision row: Mahua Moita alleges EC to target Bengal next, moves SC
While Bihar goes to thepolls later this year, assembly elections in West Bengal are scheduled in 2026. The TMC will fight against the Bharatiya Janata Party (BJP) in the West Bengal assembly elections.
Moitra, the Lok Sabha MP from Krishnagar in West Bengal, has moved the Supreme Court challenging the order of the ECI. In the petition, Moitra has alleged that it violates several provisions of the Constitution and the Representation of People (RP) Act, 1950.
"They (EC) have now introduced it to deprive the bonafide young electorate of Bihar, where elections are slated to be held shortly. Later, they will target Bengal, where elections are due in 2026," Moitra told news agency PTI.
TMC supremo Mamata Banerjee has already flagged this issue and talked about the EC's "diabolical game plan", she said.
"Leaders of different opposition parties have also voiced concern over the move and asked EC not to go ahead with it. We have now moved the Supreme Court to intervene in the issue," the Krishnanagar MP said.
Moitra said the order for the SIR was "aimed at disabling lakhs of bonafide voters who were born between July 1, 1987 and December 2, 2004 and help the BJP at the Centre.
In her plea to the apex court, Moitra sought a direction to restrain the Election Commission of India from issuing similar orders in other states of the country.
The EC 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.
Attaching a video of her statement before PTI, Moitra later posted on X handle, "The @ECISVEEP is now @BJP4India 's arm - executing its Machiavellian plans on ground. Has forgotten its constitutional mandate to provide enabling services to citizens to exercise their franchise.
The SIR order was in violation of Articles 14, 19(1)(a), 21, 325, 328 of the Constitution and provisions of the Representation of People (RP) Act, 1950 and Registration of Electors (RER) Rules, 1960, she said.
Besides Moitra, several civil society organisations such as PUCL and the Association of Democratic Reforms, and activists like Yogendra Yadav have approached the top court against the ECI's direction.
According to the ECI, 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.
The ECI said it would scrupulously adhere to the constitutional and legal provisions when revising electoral rolls.
Key Takeaways The Special Intensive Revision (SIR) order by the ECI is seen as politically motivated.
Legal challenges against the ECI highlight concerns over voter disenfranchisement.
This situation reflects broader tensions between political parties and electoral authorities in India.
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Business Standard
30 minutes ago
- Business Standard
Bihar voter verification row reaches Supreme Court, hearing on July 10
The Supreme Court on Monday agreed to list a batch of petitions challenging 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, reported Bar and Bench. The matter was mentioned for urgent listing before a bench of Justices Sudhanshu Dhulia and Joymalya Bagchi by Senior Advocate Kapil Sibal. He was joined by senior counsels Dr Abhishek Manu Singhvi, Gopal Sankaranarayanan, and Shadan Farasat. The petitioners include Rashtriya Janata Dal (RJD) MP Manoj Jha, the Association for Democratic Reforms (ADR), the People's Union for Civil Liberties (PUCL), activist Yogendra Yadav, and Lok Sabha MP Mahua Moitra. At the heart of the legal challenge is a directive under the SIR requiring voters not present on the 2003 roll to provide citizenship documentation. For individuals born after December 2004, both their own and their parents' documents are required. If a parent is a foreign national, a copy of their passport and visa as held at the time of the applicant's birth must be submitted. What did the Supreme Court say? The Supreme Court has agreed to hear the matter on Thursday, July 10. It has also issued notices to the Election Commission and the Centre, seeking their responses to the constitutional and legal concerns raised. Petitioners argue the exercise is 'arbitrary and illegal' and violates provisions of the Representation of the People Act, 1950. ADR has also claimed that the directive breaches constitutional guarantees under Articles 14 (equality), 19 (freedom), 21 (life and liberty), 325 (no exclusion from electoral rolls), and 326 (adult suffrage). Election Commission defends revision, cites legal mandate The Election Commission has defended its move, asserting that it is acting within its mandate to ensure accuracy in electoral rolls. It also cited precedents of similar revision drives being conducted in the past. What happens next? The outcome of this case could impact how voter verification is carried out in other states as well. If the Supreme Court rules against the poll panel, it could set a precedent restricting such revisions close to elections. For now, the political heat in Bihar continues to rise as all eyes turn to the Supreme Court hearing on July 10.
Hindustan Times
39 minutes ago
- Hindustan Times
SC to take up on Thursday pleas challenging ECI's Bihar electoral roll revision
The Supreme Court will on Thursday take up petitions challenging the Election Commission of India's (ECI) special intensive revision of the electoral roll in poll-bound Bihar. The court noted that elections have not been notified yet. (HT PHOTO) Rashtriya Janata Dal (RJD), Trinamool Congress lawmakers Manoj Jha and Mahua Moitra, non-government organisations Association for Democratic Reforms (ADR) and Peoples Union for Civil Liberties, and political activist Yogendra Yadav have filed the pleas. 'Put up on Thursday. An advance copy of the petition be given to the respondent [ECI],' said a bench of justices Sudhanshu Dhulia and Joymalya Bagchi. Senior advocate Kapil Sibal told the court that this is a matter of the moment that should be taken up and a notice be issued to the ECI. Senior advocate Abhishek Singhvi supported the suggestion. He said that instead of calling upon the respondent on Thursday, notice should be issued so that a stay of the revision can be taken up on that day without wasting further time. 'Such a squeezed timeline has been specified with just a month given to submit the enumeration forms that will expire later this month.' The bench said that the timelines cited do not have the sanctity as in the MS Gill decision. In cases such as MS Gill Vs Chief Election Commissioner (1978) and Lakshmi Charan Sen Vs AKM Hassan Uzzaman (1985), the court underscored that elections, once in progress, should be allowed to proceed uninterrupted to protect the democratic process. The approach aligns with a broader principle that the judiciary's role is to interpret the law and test its validity, not to create laws or interfere directly in legislative matters. Judicial restraint in electoral affairs has been a consistent theme in Indian jurisprudence. The Supreme Court has often invoked it in cases where parties have sought to halt elections. The bench said elections have not been notified. 'You can serve a copy even to the office of the attorney general. We will see.' In his plea, Jha called the revision a tool of 'institutionalised disenfranchisement' that will disproportionately target Muslim, Dalit, and poor migrant communities in a state, where elections are to be held before November this year, when the term of the assembly expires. The other petitions echoed concerns about the manner and timing of the ECI in undertaking the exercise, giving 30 days for voters to provide proof of their citizenship based on a set of 11 documents, which do not include readily available ones such as Aadhaar, ECI photo identity card, or ration card. Jha's petition called the revision process 'hasty and ill-timed'. He added that it had the effect of 'disenfranchising crores of voters, thereby robbing them of their constitutional right to vote.' 'It [ECI order] is being used to justify aggressive and opaque revisions of electoral rolls that disproportionately target Muslim, Dalit, and poor migrant communities; as such, they are not random patterns but it is engineered exclusions.' Jha noted that the exercise has been launched during the monsoon, when many districts are affected by floods and the displacement of the local population. His petition questioned the meaningful participation of a large section of the population. On June 24, the ECI announced the revision, emphasising the need to clean the electoral roll due to rapid urbanisation, frequent migration, increasing numbers of first-time voters, non-reporting of deaths, and the inclusion of names of undocumented foreigners. The ECI said an electoral roll revision was last held in Bihar in 2003, which covered nearly 50 million people, underlining it has a constitutional obligation to ensure that only citizens are on it. It instructed the electoral registration officers to treat the 2003 electoral roll as 'probative evidence of eligibility, including presumption of citizenship unless they receive any other input otherwise.' The voters are required to submit enumeration forms within 30 days, followed by the filing of claims and objections and their disposal within 30 days. Jha said it is a settled law that the burden of proving the citizenship lies with the state. He added that an overwhelming majority (about 47.4 million out of 79 million on the current electoral roll) carry a disproportionately high burden of proving their citizenship with the help of proofs of date and place of birth. As per ECI data, Bihar has 7,89,69,844 registered voters as of June 24, 2025. The state is the native place of the highest number of migrant workers, with over 9.3 million people migrating between 2001 and 2011. The petitions argued that the migrant workers will be the most affected, as many of them, despite remaining listed in the 2003 voter roll, are unlikely to be able to return to Bihar within the stipulated time frame of 30 days to submit their enumeration forms, leading to automatic deletion of their names. The pleas termed the ECI's decision unconstitutional and said it is violative of the Registration of Electors Rules, 1960. The revision order and the subsequent press release empower the electoral registration officers or such other officers to initiate a suo motu inquiry. The officers can issue notices to the proposed electors and decide upon their inclusion in the final electoral roll, even as Rule 13(2) permits filing of claims and objections only at the instance of the affected person. The petitioners argued that short deadlines make the whole process unreasonable and unworkable and have the effect of bypassing the procedure of conducting of inquiry into claims and objections as contemplated under the Rules. Moitra's petition cited information and said the ECI has decided to undertake a similar exercise in West Bengal and sought an order to restrain it. She claimed the exercise resembles the structure and consequences of the National Register of Citizens, as the consequence of non-submission of documents will result in automatic exclusion from the electoral roll, without adequate procedural protection. The petitions cited a Special Summary Revision between October 2024 and January 2025 in the state, when the necessary weeding out of names based on death, migration, etc, was carried out. 'The ECI's decision to conduct a second revision in such a draconian manner in a poll-bound state is unjustified and unreasonable,' Moitra said. ADR, in its petition, said that the special intensive revision violates fundamental rights under Articles 14, 19, and 21, and other provisions of the Constitution. It said that if not set aside, the process can arbitrarily and without due process disenfranchise tens of thousands of voters from electing their representatives, thereby disrupting free and fair elections and democracy in the country, which are part of the basic structure of the Constitution.
Hans India
an hour ago
- Hans India
Trying to scare Muslim community: BJP slams misinformation over voters verification drive in Bihar
New Delhi: Amid growing political storm over the Election Commission's ongoing voter verification drive in Bihar, senior BJP leader Shahnawaz Hussain strongly refuted Opposition's charges that the revision of voters list is aimed at targeting minority community. Dismissing the claims as politically motivated and 'irresponsible fearmongering,' Hussain said the voter verification drive is a standard electoral procedure, not a conspiracy. 'Those who are spreading confusion in the name of voter verification are doing the wrong thing. Voter verification is a standard process that always takes place before elections... This is a procedural step, but some people are spreading the false narrative that Muslim votes are being deliberately removed,' said Hussain. 'I am from Bihar, have been a Member of Parliament thrice, and a minister in both the state and central governments. Not a single Muslim has come to me saying their vote is being deleted. These people are having dreams that Muslim votes will be cut. With no real issue to speak of, they are trying to scare the Muslim community. It's very unfortunate,' he added. The controversy stems from the Election Commission's announcement of a Special Intensive Revision (SIR) of the electoral rolls in Bihar. The revision aims to ensure that only eligible citizens are listed on the voter rolls, a process mandated by the Constitution. On July 3, 11 parties from the INDIA bloc met with EC officials, alleging that over two crore voters in Bihar might be disenfranchised due to an inability to furnish the required documents in time. However, the EC clarified that voters can submit documents anytime before July 25, and even those who miss the deadline will be given another chance during the claims and objections period. In its July 6 statement, the EC emphasised that 77,895 Booth Level Officers (BLOs) are conducting house-to-house visits, assisting voters in filling and submitting enumeration forms. The EC also reiterated that the objective of the revision is to eliminate duplicate, outdated, or ineligible entries, such as people who have moved away, passed on, or are registered in more than one location, not to target any community. Hussain also took aim at Congress leader Rahul Gandhi, accusing him of using an isolated crime incident in Patna to malign the entire state of Bihar. 'Nitish Kumar has never compromised with crime or criminals. One incident in Patna is unfortunate, but to use it to defame the whole state is highly irresponsible. Rahul Gandhi should apologise for his remarks. Bihar today is seeing good governance under Nitish Kumar. Investors are coming in, jobs are being created, and people feel safe even at night. One exception cannot define the rule.'
