Bihar SIR: Supreme Court Declines To Halt Election Commission's Draft Voter List Until 'Illegality' Of Process Is Proven

The Supreme Court on Monday (28 July) declined to stay the Election Commission of India’s (ECI) plan to publish the draft electoral rolls for Bihar on 1 August, as part of its Special Intensive Revision (SIR), reported Live Law.

Senior advocate Gopal Sankaranarayanan, representing the Association for Democratic Reforms (ADR), pressed for a stay, warning the exercise could inconvenience around “4.5 crores” voters.

He argued that excluded individuals would be forced to file objections and seek inclusion, a process that could disenfranchise many.

The ECI’s counsel, senior advocate Rakesh Dwivedi, countered that the list was “only a draft list.” Justice Kant remarked that if illegality were proven, “the Court can ultimately strike down the entire process.”

Justices assured petitioners that their pleas would be heard in a detailed hearing soon.

Sankaranarayanan also asked the bench to clarify that the revision was “subject to the outcome of the petitions,” but Justice Kant said such a statement was unnecessary, adding, “it was understood.”

During the hearing, petitioners accused the ECI of ignoring the court’s earlier advice to consider Aadhaar, Electoral Photo Identity Cards (EPIC), and ration cards as valid documents.

Dwivedi responded that while Aadhaar and EPIC could be considered, ration cards were unreliable due to widespread forgery.

The bench orally instructed the Commission to at least include Aadhaar and EPIC, with Justice Kant observing: “There's presumption of correctness with official documents, you proceed with these 2 documents. You will include these two documents (Aadhaar and EPIC)...Wherever you find forgery, that's on case-to-case basis. Any document on the earth can be forged...”

He further stressed that instead of “en-mass exclusion,” there should be “en masse inclusion.”

The petitions, filed by leaders across opposition parties and civil society groups, challenge the ECI’s 24 June order initiating the SIR.

They allege the rushed process could disenfranchise millions, particularly Muslims, Dalits, and poor migrants.

The ECI defended its authority, stating it must ensure only citizens are registered. However, ADR claims ground-level irregularities, including voter enumeration forms uploaded without consent, even for deceased persons.

The matter is expected to be taken up for a detailed hearing tomorrow.

Also Read: 'Why Justice Varma Participated In In-House Inquiry': Supreme Court Hears Plea Against Indictment Over Cash Recovery