Latest news with #AssociationforDemocraticReforms
Time of India
6 hours ago
- Politics
- Time of India
Now, RJD, Moitra & PUCL move Supreme Court
After the Association for Democratic Reforms, multiple petition filed by different parties, including NGO People's Union for Civil Liberties (PUCL), TMC MP Mahua Moitra and RJD , have approached Supreme Court against Election Commission 's special intensive revision (SIR) of Bihar's electoral rolls and told the court that the exercise is illegal and calculated to disenfranchise the state's mobile migrant population which works across India but returns home to exercise their democratic right to vote. The parties are likely to mention the case before SC on Monday for urgent hearing. Moitra, in her petition, submitted that the impugned order unlawfully shifted the burden of proving eligibility from the State to the individual elector and arbitrarily excludes commonly accepted identity documents such as Aadhaar and ration cards. Shifting of the burden of voter authentication onto the citizens, and to view every citizen with suspicion until proven otherwise, is a breach of the constitutional spirit, and also is in direct contravention of the statutory scheme to which EC is bound, she said. PUCL, which moved SC through advocate Talha Abdul Rahman, submitted that the timing of the decision appears "deliberately to disenfranchise Bihar's mobile workforce during crucial electoral periods".
Hans India
2 days ago
- Politics
- Hans India
Plea in SC challenges revision of electoral rolls in Bihar
New Delhi: Association for Democratic Reforms (ADR) has moved a writ petition before the Supreme Court challenging the Election Commission of India's (ECI) decision to revise electoral rolls in Bihar ahead of the ensuing Assembly polls. As per the petition, order of Special Intensive Revision (SIR) of electoral rolls in Bihar, if not set aside, can 'arbitrarily' and 'without due process' disenfranchise lakhs of voters from electing their representatives, and disrupt free and fair elections and democracy — a part of basic structure of the Constitution. '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 (SIR) further make this exercise bound to result in removal of names of lakhs of genuine voters from electoral rolls leading to their disenfranchisement,' contended the petition. It added that the SIR order issued on June 24 by the ECI excluded identification documents such as Aadhar or ration cards, which make marginalised communities (such as SC, STs and migrant workers) and the poor more vulnerable to exclusion from voting. The declaration as required under the SIR process is violative of Article 326 in so far as it requires a voter to provide documents to prove his citizenship and also the citizenships of his mother or father, failing which his name would not be added to the draft electoral roll and can be deleted, further stated the petition. It said, 'The ECI has issued unreasonable and impractical timeline to conduct SIR in Bihar with close proximity to state (Assembly) elections, which are due in November 2025.' Referring to reports from Bihar, the plea claimed that lakhs of voters from villages and marginalised communities do not possess the documents being sought from them, and they should not be excluded from voting due to the stringent requirements as mentioned in the SIR order. The petition said that the ECI's directive, issued under Section 21(3) of the Representation of the People Act, 1950, lacks recorded reasons supported by any evidence or transparent methodology, rendering it 'arbitrary' and thus liable to be struck down. As per the plea, the requirement of citizenship documents contravenes the requirement of specific grounds for deletion of names from electoral rolls (e.g., death, non-residence, or disqualification under Section 16 of the Representation of the People Act, 1950). Saying that since 2003, five general elections and five Assembly elections have taken place in Bihar with continuous addition and deletion of names in electoral roll, the petition said that the manner in which ECI has issued SIR orders in a poll bound state like Bihar, has raised questions from all stakeholders, particularly the voters. It added that there is no reason for such a 'drastic exercise' in a poll-bound state in such a short period of time, violating the right to vote of lakhs of voters.
Scroll.in
2 days ago
- Politics
- Scroll.in
Association for Democratic Reforms moves SC challenging EC's Bihar voter roll revision
The Association for Democratic Reforms on Saturday filed a petition in the Supreme Court against the Election Commission conducting a special intensive revision of Bihar's electoral rolls, saying that the order is arbitrary and can disenfranchise millions of voters, Live Law reported. The non-profit organisation sought the quashing of the order, arguing that it violated Articles 14, 19, 21, 325 and 326 of the Constitution and also contravened provisions of the Representation of the People Act and Rule 21A of the Registration of Electors Rules. Article 14 of the Constitution guarantees equality before the law, while Article 19 pertains to freedom of speech and expression and Article 21 to protection of life and personal liberty. Article 325 ensures that there is no discrimination based on religion, race, caste or sex in electoral rolls and Article 326 mandates elections to be based on adult suffrage. Rule 21A of the Registration of Electors Rules pertains to the inclusion of names inadvertently omitted. The special intensive revision of the electoral rolls in Bihar was announced by the Election Commission on June 24, ahead of the Assembly elections expected to be held in the state in October or November. As part of the exercise, persons whose names were not on the 2003 voter list will need to submit proof of eligibility to vote. This means that 2.9 crore out of the state's 7.8 crore voters – or about 37% of the electors – will have to submit documentary evidence. Voters born before July 1, 1987, must show proof of their date and place of birth, while those born between July 1, 1987, and December 2, 2004, must also submit documents establishing the date and place of birth of one of their parents. Those born after December 2, 2004, will need proof of date of birth for themselves and both parents. In its petition, the Association for Democratic Reforms said that revision could 'arbitrarily and without due process disenfranchise lakhs of voters from electing their representatives, thereby disrupting free and fair elections and democracy in the country', The Hindu reported. The petition said that the order imposed fresh documentation requirements and shifted the burden of proof from the state to the citizen, Bar and Bench reported. Citing concerns over the exclusion of widely held documents such as Aadhaar and ration cards in the exercise, the election watchdog said that this would disproportionately affect the poor and marginalised voters, especially in rural parts of Bihar. '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,' Bar and Bench quoted the petition as saying. Birth registration levels were historically low in Bihar and many voters did not have access to official documents, the petition said. It added that more than three crore voters in the state may not be able to meet the mandated criteria and could end up being removed from the electoral rolls. The Association for Democratic Reforms also noted that the Election Commission had not provided a reason for ordering the revision, Bar and Bench reported. Citing that Section 21(3) of the Representation of the People Act permitted special revisions only for recorded reasons, the non-profit organisation claimed that the order issued by the poll panel lacked such justification. Stating that a special summary revision had been conducted in Bihar from October 2024 to January 2025, the petition said that no reports of serious irregularities had been flagged. A fresh exercise ahead of the Assembly polls raised concerns about its intent and implementation, it added.
India Today
2 days ago
- Politics
- India Today
ADR moves Supreme Court challenging electoral roll revision in Bihar
The Association for Democratic Reforms (ADR) has filed a petition in the Supreme Court challenging the electoral roll revision in Bihar. The plea argues that the Election Commission's roll revision order is arbitrary and may disrupt fair polls. ADR seeks urgent hearing, claiming the exclusion of documents like Aadhaar and Ration cards for verification could lead to lakhs of people, especially migrant laborers and rural residents, being excluded from voter lists. The petition calls for setting aside the Election Commission's notification for this special roll revision. The Election Commission is currently conducting a door-to-door revision in Bihar, with political parties expressing concerns about the process.
Indian Express
2 days ago
- Politics
- Indian Express
NGO ADR moves SC over revision of Bihar electoral rolls: ‘No reason for such a drastic exercise in a poll-bound state'
The NGO, Association for Democratic Reforms (ADR), has approached the Supreme Court challenging the Election Commission's 'special intensive revision of electoral rolls' in Bihar, terming it unconstitutional, saying it would disenfranchise lakhs of voters. 'The present Writ Petition has been filed under Article 32 of the Constitution of India seeking setting aside of Order and communication dated 24.06.2025 issued by the Respondent Election Commission of India (ECI) directing for Special Intensive Revision of Electoral Rolls in Bihar (SIR Order) as being in violation of Articles 14, 19, 21, 325 and 326 of the Constitution of India as well as provisions of Representation of People's Act, 1950 and Rule 21A of the Registration of Electors Rules, 1960,' the plea said. It added that if the order was not set aside, '…(it) can arbitrarily and without due process disenfranchise lakhs of voters from electing their representatives, thereby disrupting free and fair elections and democracy in the country, which are part of basic structure of the Constitution'. It argued that 'the documentation requirements of the directive, lack of due process as well as the unreasonably short timeline for the said…Revision…further make this exercise bound to result in removal of names of lakhs of genuine voters from electoral rolls leading to their disenfranchisement'. As per the EC's June 24 order, the Bihar electoral roll will be prepared afresh, with the 2003 roll as the basis. All 7.8 crore electors in the state will have to fill out enumeration forms. While those who were on the 2003 rolls—4.96 crore electors—will not have to provide any additional documents, the post-2003 electors—2.93 crore people—would have to give their own and their parents' date and/or place of birth proof. In its plea, ADR said the June 24 order 'has shifted the onus of being on the voters' list from the State to citizens. It has excluded identification documents such as Aadhaar or ration cards which further make marginalised communities and the poor more vulnerable to exclusion from voting'. The plea said the declaration, as required under the special intensive revision process, is violative of Article 326 'in so far as it requires a voter to provide documents to prove his/her citizenship and also citizenships of his/her mother or father, failing which his/her name would not be added to the draft electoral roll and can be deleted from the same'. The plea contended that the Election Commission has issued 'unreasonable and impractical timeline' to conduct the special intensive revision in Bihar, so close to state elections which are due in November 2025. 'There are lakhs of citizens (whose names did not appear in 2003 ER) who do not possess the documents as required under the SIR order, there are many who may be able to procure the documents but the short timeline mentioned in directive may preclude them from being able to supply the same within the time period,' the plea said. Pointing out that 'Bihar is a state with high poverty and migration rates where many lack access to documents like birth certificates or parental records,' it added that 'as per estimates over 3 crore voters and more particularly from marginalised communities (such as SC, STs and migrant workers) could be excluded from voting due to the stringent requirements as mentioned in the SIR order'. The writ petition said, 'The current reports from Bihar, where SIR is already underway, show that lakhs of voters from villages and marginalized communities do not possess the documents as being sought for them.' The NGO said that Section 21(3) of the Representation of the People Act, 1950 allows the ECI to direct a special revision of electoral rolls 'for reasons to be recorded', but the directive for Bihar 'lacks recorded reasons supported by any evidence or transparent methodology, rendering it arbitrary and thus liable to be struck down'. The plea said that 'while SIR of Bihar or any other state of country is a positive step, but the manner in which ECI has directed the conduct of SIR in a poll bound state like Bihar, has raised questions from all stakeholders, particularly the voters'. The NGO said the Special Summary Revision (SSR) was already conducted between October 29, 2024 and January 6, 2025 and addressed issues such as migration and ineligible voters due to death or other reasons and 'thus, there is no reason for such a drastic exercise in a poll bound state in such a short period of time, violating right to vote of lakhs of voters'.
