ADR moves SC challenging EC's revision of electoral rolls in Bihar

New Delhi: An NGO has filed a plea in the Supreme Court for setting aside a communication of June 24, 2025 issued by the Election Commission of India, directing for special intensive revision of Electoral Rolls in Bihar.

In its plea, Association for Democratic Reforms claimed the move was in violation of Articles 14, 19, 21, 325 and 326 of the Constitution as well as provisions of Representation of People’s Act, 1950 and Rule 21A of the Registration of Electors Rules, 1960.

It contended the SIR order, if not set aside, 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.

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, it claimed.

The plea filed through advocate Prashant Bhushan contended that the EC by its order has shifted the onus of being on the voters’ list from the State to citizens.

"It has excluded identification documents such as Aadhar or ration cards which further make marginalised communities 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/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 NGO contended.

It further stated the EC has issued unreasonable and impractical timeline to conduct SIR in Bihar with close proximity 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, it stated.

The plea pointed out Section 21(3) of the Representation of the People Act, 1950 allowed the EC to direct a special revision of electoral rolls "for reasons to be recorded." However, the directive lacked recorded reasons supported by any evidence or transparent methodology, rendering it arbitrary and thus liable to be struck down.

It maintained the requirement of citizenship documents contravened the requirement of specific grounds for deletion of names from electoral rolls (e.g., death, nonresidence, or disqualification under Section 16 of RPA, 1950).

The plea further said since 2003, five general elections and five assembly elections have taken place in Bihar with continuous addition and deletion of names in electoral roll.

"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. Moreover, Special Summary Revision (SSR) was already conducted between October 29, 2024 and January 6, 2025 which addressed issues such as migration and ineligible voters due to death or other reasons. 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," it said.