Bihar Assembly Elections: Supreme Court warns of intervention if voter roll shows mass exclusion
Supreme Court
on Tuesday said that it would "immediately step in" if it finds "
mass exclusion
" of voters in the ongoing
Special Intensive Revision
(SIR) of
electoral rolls
in Bihar.
A division bench comprising Justices Surya Kant and Joymalya Bagchi assured immediate "intervention" by the top court if the draft electoral roll, slated to be published on August 1 as part of SIR carried out by the Election Commission of India (ECI), reveals mass exclusion of voters.
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The bench sought to allay the apprehensions of the petitioners who argued that as many as 65 lakh voters have been excluded on the ground that either they are dead or have permanently shifted their place of residence. "Your apprehension is 65 lakh odd voters will not feature. ECI is seeking correction vis-a-vis 2025 entry. We're overviewing the thing as a judicial authority. If there is mass exclusion, we will immediately step in. You bring 15 people saying they are alive, yet have been excluded, we will intervene," the bench verbally told the petitioners.
The SC further said that the political parties should act as NGOs at this time to render their assistance in the process being undertaken ahead of assembly elections in Bihar scheduled to be held in November. Appearing on behalf of a petitioner, Advocate Prashant Bhushan said that the ECI has issued a press release stating 65 lakh are either deceased or have permanently shifted. Senior advocate Kapil Sibal, appearing on behalf of another petitioner, argued that only ECI knew who the said 65 lakh people were. He added that it would help the cause of the petitioners if ECI mentions the name of the said 65 lakh in the draft list. The bench said, if the draft list is conspicuously silent, it can be brought to court's notice.
On the other hand, the counsel for ECI submitted that once objections to the exclusion of names are considered, the real picture would emerge as to who has been excluded. He added that "people are entitled to object. 30 days' time has been given to file objections. The petitioners should assist in having the names added".
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Speaking for the bench, Justice Kant verbally remarked that ECI is a constitutional institution, and the presumption was it would act "perfectly in accordance with the law". Justice Kant added, "If someone omitted as dead comes and says, 'I am very much alive', we will intervene."
The SC has posted the matter for resumed hearing on August 12 and 13 when it would primarily deal with issues regarding the draft electoral roll.
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