Direction for SIR at regular interval encroaches upon Election Commission's exclusive jurisdiction: EC to SC

New Delhi: The Election Commission has told the Supreme Court that it has on July 5, 2025 issued communications to the Chief Electoral Officers of all States and Union Territories, except Bihar, to initiate preparatory steps for the Special Intensive Revision (SIR) of electoral rolls, by fixing June 01, 2026 as the qualifying date for the nationwide exercise in this regard. 

In an affidavit to a plea by advocate Ashwini K Upadhyay, the poll panel said the SIR fell within jurisdiction to the exclusion of any other authority.

Upadhyay sought a direction for nationwide SIR before every election, to ensure purity of the electoral rolls and that only Indian citizens decide the polity and policy of the country.

Responding to the court's notice on the PIL, the EC, in an affidavit, said, "Any direction to conduct a "SIR" at regular interval throughout the country would encroach upon its exclusive jurisdiction". 

It maintained that it has the "complete discretion" over the policy of revision of the electoral rolls.

It said the EC is fully cognizant of its statutory responsibility to maintain the purity and integrity of the electoral rolls and, in exercise of its powers under the Representation of the People Act, 1950, has decided to conduct SIR in different states as envisaged in the SIR order of June 24, 2025. 

Referring to the poll panel's July 5 letter, it said the EC had convened a conference of all CEOs of the states and Union Territories at New Delhi on September 10.

However, it also relied upon to Section 21 of the Representation of the People Act, 1950, which provided for the preparation and revision of the electoral roll and vests a discretion in the poll panel as regards the timing of the revisional exercise.

"It is apparent that the obligation to conduct a revision of the electoral roll is not couched within a timeline, but is a general obligation which is to be met before each general or legislative assembly election, or before each bye-election to fill a casual vacancy," it said. 

The affidavit said Rule 25 of the Registration of Electors Rules, 1960, dealt with revision of rolls.

"On a bare perusal of Rule 25, it is further apparent that the decision to conduct a summary or an intensive revision of the electoral roll is left to the discretion of the ECI," it said, while seeking dismissal of the plea.