NGO moves Supreme Court against Election Commission’s Bihar voter revision drive

The Association for Democratic Reforms (ADR) has approached the Supreme Court 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..In a public interest litigation (PIL) petition filed under Article 32 of the Constitution, ADR has sought the quashing of the ECI’s June 24 directive that requires large sections of voters in Bihar to submit proof of citizenship in order to remain on the electoral rolls..The petition argues that the move violates Articles 14, 19, 21, 325 and 326 of the Constitution and also contravenes the provisions of the Representation of the People Act, 1950 and Rule 21A of the Registration of Electors Rules, 1960..According to the petition, the order imposes fresh documentation requirements and shifts the burden of proof from the State to the citizen. It also raises concerns over the exclusion of widely held documents like Aadhaar and ration cards, stating that this would disproportionately affect the poor and marginalised voters, especially in rural 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,” the petition states.Under the SIR guidelines, voters not included in the 2003 electoral roll are now required to submit documents proving their citizenship. For those born after December 2004, the directive mandates not only their own documents but also those of both parents. In cases where a parent is a foreign national, the order asks for their passport and visa at the time of the applicant’s birth.According to ADR, these requirements are unrealistic in a State like Bihar where birth registration levels are historically low and many voters do not have access to official documents. The petition notes that over three crore voters in Bihar may not be able to meet these criteria and could end up being removed from the rolls..According to the petition, the ECI has not provided any reasons for ordering such a special revision. Section 21(3) of the Representation of the People Act, 1950 permits special revisions only for recorded reasons. ADR has alleged that the ECI’s order lacks such justification.The petition further notes that a Special Summary Revision had already been conducted in Bihar from October 2024 to January 2025 and there were no reports of serious irregularities. It says that the fresh exercise, coming just months before the assembly polls, raises serious concerns about its intent and implementation..The plea has also flagged the short deadline as a major issue. As per the ECI’s timeline, voters have time until July 25 to submit the required forms and documents. Failure to do so could result in exclusion from the draft rolls. The final list is set to be published by September 30..Apart from ADR, the other petitioners include individual voters from Bihar who say they are directly affected by the new rules.The petition seeks an immediate stay on the ECI’s directive and prays for directions to set aside the June 24 order in order to protect the right to vote of lakhs of citizens.The petition has been filed through advocate Prashant Bhushan.