Bihar SIR: SC allows excluded voters to make online submissions with Aadhaar card

The top court also added that claim forms can be submitted along with Aadhaar card or any other 11 acceptable documents in Bihar SIR.

New Delhi: The Supreme Court on Friday said those in 65 lakh voters deleted from the draft rolls in poll-bound Bihar can apply online for registration with such forms with any of 11 documents in Form 6 or Aadhaar card.

A bench of Justices Surya Kant and Joymalya Bagchi expressed surprise with the fact that 1.68 lakh booth level agents (BLAs) of the political parties have so far filed only two objections in respect of deletion of voters.

"On the other hand some of the political parties say there BLAs are not being permitted to submit objections. With a view to have better clarity and to ensure that each voter beside his or her independent right apart from applying for inclusion, all 12 political parties shall issue specific directions to party workers to assist in filing such forms," the court ordered.

The court impleaded all political parties in the batch of petitions challenging the Election Commission's initiative launched on June 24 for Special Intensive Revision of electoral rolls in Bihar.

"Let the state electoral officer inform the state political parties about the order and they they need to be present in court and file status reports," the bench said.

The court directed the booth level officers to acknowledge receipt of such forms. But such acknowledgement shall not mean completion of forms, it clarified, adding the officials will consider the desirability of having such objections on the website. 

Senior advocate A M Singhvi, appearing for a petitioner, sought a direction to use Aadhaar for 7.24 crores electors also.

One counsel claimed most of the forms have been filed without a single document, so Aadhaar must be included.

The court, however, asked the EC to examine all the documents submitted and forms can be accepted with Aadhaar cards.

During the hearing, the EC led by senior advocate Rakesh Dwivedi, said the booth-wise list of about 65 lakh people whose names do not appear in the draft electoral roll of Bihar has been published on the website of all 38 district election officers in the State, along with reasons for their non-inclusion.

In a status report filed ahead of hearing on plea questioning validity of special intensive revision of electoral rolls in poll bound Bihar, the poll panel said non inclusion in each case has been specified on account of death, shifting of ordinary residence or duplicate entries.

It stated, the said list has also been posted at Panchayat Bhavan/Block Development/Panchayat Officers' offices. 

Advocate Prashant Bhushan, on behalf of the petitioners, contended all those excluded may not be able to file their claims as some go outside from time to time for work. In filing claims under Form 6, Aadhaar is permitted but again they have asked for some additional documents also from the 11 documents listed earlier.

The court said let the form be submitted only with Aadhaar or matriculation certificate.

Bhushan sought clarification that the application can be made online and that let Aadhaar be given.

Dwivedi said crores of people have been filing documents. He asked the court to lwait and see and repose some trust on the EC.

Dwivedi submitted that over two lakh forms have been filed by new voters for inclusion in the list but none of the 12 recognised political parties in the State have given any objections and they are only whipping up fear for their political interests.

The bench, however, said, "We are on inaction of political parties now. What are the booth level agents doing then? Why distance between political workers and the local people."