TMC MP Mahua Moitra moves SC against EC's revision of electoral rolls in Bihar
Mahua Moitra and ADR move SC against EC’s voter roll revision in Bihar, alleging risk of mass voter exclusion and legal violations.
PTI
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Mahua Moitra, Trinamool Congress leader and MP. (ANI)
New Delhi, 6 July
Trinamool Congress
leader and Member of Parliament Mahua Moitra has moved the Supreme Court
challenging an order of the Election Commission of India for special intensive
revision of electoral rolls in Bihar.
In her plea, Moitra said she seeks setting aside of the order dated 24 June under which Special Intensive Revision (SIR) is being conducted in alleged violation of various provisions of the Constitution.
"The present
writ petition has been filed in public interest under Article 32 of the
Constitution seeking setting aside of order dated 24.06.2025 issued by Election
Commission of India under which SIR of electoral rolls in Bihar is being
conducted in violation of Articles 14, 19(1)(a), 21, 325, 328 of the
Constitution and provisions of Representation of People (RP) Act, 1950 and
Registration of Electors (RER) Rules, 1960 which, if not set aside, can lead to
large-scale disenfranchisement of eligible voters in the country thereby
undermining democracy and free and fair elections," it submitted.
Moitra further
sought a direction from the apex court to restrain the Election Commission of
India from issuing similar orders for SIR of electoral rolls in other states of
the country.
"It is
submitted that it is for the very first time in the country that such an
exercise is being conducted by ECI, where electors whose names are already
there in electoral rolls and who have already voted multiple times in are being
asked to prove their eligibility," the plea filed through advocate Neha
Rathi said.
The plea said
"the impugned SIR order requires the inclusion or retention of a voter's
name in the electoral roll upon production of citizenship documents, including
proof of citizenship of either or both parents, failing which the voter is at
risk of exclusion.This requirement is ultra vires Article 326 and introduces
extraneous qualifications not contemplated by the Constitution of the RP Act
1950.”
A similar plea has
also been filed by NGO Association of Democratic Reforms challenging the poll
panel’s direction for SIR of electoral rolls in Bihar.
The EC on 24 June issued instructions to carry out an SIR in Bihar, apparently to weed out ineligible names and ensure only eligible citizens are included in the electoral roll.
Bihar goes to
polls later this year.
The NGO has also
sought setting aside of the order and communication, arguing that it violates
Articles 14, 19, 21, 325, and 326 of the Constitution, as well as provisions of
the Representation of People's Act, 1950, and Rule 21A of the Registration of
Electors Rules, 1960.
The NGO’s plea
filed through advocate Prashant Bhushan said the EC order "can arbitrarily
and without due process" disenfranchise lakhs of voters and disrupt free
and fair elections.
"That 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 plea said.
The last such
revision in Bihar was conducted in 2003.
According to the
EC, the exercise was necessitated by rapid urbanisation, frequent migration,
young citizens becoming eligible to vote, non-reporting of deaths, and
inclusion of the names of foreign illegal immigrants.
It said with the
exercise, it wants to ensure the integrity and preparation of error-free
electoral rolls.
The SIR is being
conducted by booth officers, who are conducting a house-to-house survey for
verification.
The EC said it
will scrupulously adhere to the constitutional and legal provisions as laid
down in Article 326 of the Constitution and Section 16 of the Representation of
the People Act, 1950, in carrying out the revision.
Several other
civil society organisations like PUCL and activists like Yogendra Yadav have
approached the top court against the ECI’s direction.
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