An NGO has approached the Supreme Court challenging the Election Commission’s special voter roll revision in Bihar. It warned that due process flaws and tight deadlines may lead to lakhs of genuine voters being disenfranchised.
The Association for Democratic Reforms (ADR) has approached the Supreme Court to challenge the Election Commission of India’s (ECI) decision to implement a special intensive revision (SIR) of electoral rolls in Bihar ahead of the upcoming Assembly elections.
In a public interest litigation (PIL) filed under Article 32 of the Constitution, ADR is seeking to overturn the ECI’s directive issued on June 24, which mandates that many voters in Bihar must provide proof of citizenship to remain on the electoral rolls.
The petition contends that this directive infringes upon Articles 14, 19, 21, 325, and 326 of the Constitution, as well as violating the provisions of the Representation of the People Act, 1950, and Rule 21A of the Registration of Electors Rules, 1960.
It argues that the new documentation requirements shift the burden of proof from the State to the individual.
Additionally, the exclusion of commonly held documents like Aadhaar and ration cards is likely to disproportionately impact impoverished and marginalized voters, particularly in rural areas of Bihar.
The petition states,
“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,”
Under the SIR guidelines, voters not listed in the 2003 electoral roll must now submit documents proving their citizenship. For individuals born after December 2004, the directive requires not only their own documents but also those of both parents.
If a parent is a foreign national, the order stipulates that their passport and visa from the time of the applicant’s birth must be presented.
According to ADR, these requirements are unrealistic in a state like Bihar, where birth registration rates are historically low and many voters lack access to official documents. The petition highlights that over three crore voters in Bihar may struggle to meet these criteria, risking their removal from the electoral rolls.
The petition also points out that the ECI has not provided any justification for initiating such a special revision.
Section 21(3) of the Representation of the People Act, 1950, allows for special revisions only with recorded reasons. ADR claims that the ECI’s order lacks such justification.
Furthermore, the petition notes that a Special Summary Revision was already conducted in Bihar from October 2024 to January 2025, with no reports of significant irregularities. The timing of this new exercise, just months before the assembly elections, raises serious questions regarding its intent and execution.
The plea emphasizes that the tight deadline is a critical concern. According to the ECI’s timeline, voters have until July 25 to submit the required forms and documents; failure to comply could lead to exclusion from the draft rolls. The final list is scheduled for publication by September 30.
In addition to ADR, the petition includes individual voters from Bihar who assert they are directly affected by the new regulations.
The petition seeks an immediate stay on the ECI’s directive and requests the court to set aside the June 24 order to safeguard the voting rights of millions of citizens.
The petition has been filed through advocate Prashant Bhushan.
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