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BREAKING | “If There Is Any Mass Exclusion, Then the Court Will Step In”: Supreme Court Schedules August 12 Hearing on Bihar Voter List Revision Row

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Today, On 29th July, The Supreme Court has scheduled a detailed hearing on August 12 in the Bihar voter list revision case. It warned, “If there is any mass exclusion, then the Court will step in,” amid concerns over the SIR process.

"Trust Us, We’ll Quash It All If Found Wrong" — Supreme Court Warns ECI Over Bihar Voter Roll Revision

New Delhi: The Supreme Court of India heard a group of petitions that challenge the Election Commission of India’s (ECI) order dated June 24, 2025.

This order had directed a Special Intensive Revision of the Bihar voter rolls ahead of the upcoming Assembly elections. The revision process could potentially affect over 4.5 crore voters in the state.

Earlier, On Monday, Justice Surya Kant made it clear that the court would not pass any immediate orders.

He directed the ECI to submit the full schedule and timeline for the revision by 10:30 AM on Tuesday, July 29, stating that the court needs to understand the process because of its large-scale impact.

Senior Advocate Kapil Sibal, appearing for one of the petitioners, pointed out,

“We have circulated. These people will not have the right to object.”

In response, Justice Surya Kant firmly said,

“They do have the right, who said they won’t? The moment there is any deviation from the notification, we will interfere.”

The Supreme Court said during the hearing that it will intervene if there is any large-scale exclusion of voters.

The bench made it clear,

“If there is any mass exclusion, then the Court will step in.”

Another lawyer, Senior Advocate Prashant Bhushan, told the bench,

“They are saying out of 65 lakh people, the majority are deceased or…”

Kapil Sibal added,

“We don’t know who has been left out. Give us a timeline.”

To allow the petitioners some time, Justice Kant said,

“We are extending the time to 3 hours.”

Kapil Sibal requested a longer schedule for arguments and said,

“One day for us, one day for them.”

Justice Kant responded,

“That is not possible. You know the art of precision. No need for repetition by counsels. A practical way is one day for petitioners, one day for the ECI.”

The Election Commission, defending its decision from June 24 to initiate the special intensive revision (SIR) of electoral rolls, stated that all major political parties participated in the process and deployed over 150,000 booth-level agents to connect with eligible voters. However, these parties are now contesting the decision in the Supreme Court.

The Commission emphasized that the SIR enhances electoral integrity by “weeding out ineligible persons” from the electoral rolls, as detailed in an affidavit aimed at countering allegations from various petitioners, including political leaders and civil society members.

The Commission highlighted that “the entitlement to vote flows from Article 326 read with Sections 16 and 19 of the RP Act 1950 and Section 62 of the RP Act 1951,” which establish specific qualifications regarding citizenship, age, and residency.

It asserted that an ineligible person has no right to vote and cannot claim a violation of Articles 19 and 21.

In a counter-affidavit, the NGO ‘Association for Democratic Reforms,’ the lead petitioner in the case, argued that Electoral Registration Officers (EROs) possess broad and unchecked discretion, which could lead to the disenfranchisement of many voters in Bihar.

They warned that if the SIR order from June 24, 2025, is not set-aside, it could arbitrarily disenfranchise thousands, undermining free and fair elections and democracy, which are fundamental to the Constitution’s basic structure.

The NGO criticized the exclusion of Aadhaar and ration cards from acceptable documents in the SIR, calling the decision “patently absurd” and lacking a valid justification.

It also alleged that the SIR is being carried out in a way that constitutes a serious violation of voter rights, with reports indicating that Booth Level Officers (BLOs) are signing enumeration forms themselves and that deceased individuals are listed as having completed forms.

Many voters have claimed their forms were submitted online without their knowledge or consent.

Furthermore, the NGO dismissed the Commission’s claim that the SIR addresses concerns raised by political parties, asserting that no political party had requested such a comprehensive revision.

The parties’ concerns were primarily about the addition of fictitious votes and the removal of legitimate votes favoring the opposition, not a complete overhaul of the electoral rolls.

Rajya Sabha MP Manoj Jha, a petitioner against the SIR, noted in his affidavit that there are reports of BLOs not visiting certain neighborhoods and allegedly forging signatures on voter forms.

He pointed out that this exercise marks a significant shift, as individuals are now required to provide documentary proof of citizenship to be eligible to vote.

Activist Yogendra Singh Yadav indicated that around 4 million voters could be at risk of removal from the electoral rolls due to the ongoing SIR in Bihar.

A vacation bench led by Justice Sudhanshu Dhulia, On July 10, instructed the Election Commission to accept Aadhaar, Voter ID, and ration cards as valid documents while allowing the ongoing exercise in Bihar, which includes over 70 million voters.

This is Bihar’s first such revision since 2003. The ECI has empowered Booth Level Officers (BLOs) to conduct door-to-door verification, supported by pre-filled enumeration forms.

Citizens can also submit their details online. To promote transparency, political parties are encouraged to appoint Booth Level Agents (BLAs) and participate actively in the process. Draft rolls will be released on 1 August 2025.

However, several petitions have been filed in the Supreme Court under Article 32, challenging the SIR’s legality.

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