SIR row: SC seeks Election Commission's clarification on final lists in Bihar

New Delhi, Oct 7 The Supreme Court on Tuesday orally remarked that every voter has a right to appeal against their exclusion from the electoral rolls, while expressing concern over the "confusion" surrounding large-scale deletions and additions during the Special Intensive Revision (SIR) of voters in poll-bound Bihar.

After the apex court was informed that several names had been omitted from the electoral list without communication of the order, a bench of Justices Surya Kant and Joymalya Bagchi said: "If anyone can give us a list that out of these 3.66 lakh voters, these are the people to whom orders have not been communicated, we’ll direct the Election Commission to communicate. Each individual has a right to appeal."

The Justice Surya Kant-led Bench noted the submission that while 65 lakh names were initially deleted from the draft voters’ list, around 21 lakh were later added to the final rolls.

However, it remained unclear whether these additions were previously deleted voters or entirely new entries.

The apex court remarked that the Election Commission has both the draft list and the final list, and that the deleted names were clearly identifiable, as it called for a greater clarity to fortify public confidence in the electoral process.

Senior advocates Abhishek Manu Singhvi and advocate Prashant Bhushan, appearing for the petitioner side, claimed that affected voters were neither informed of deletions nor given reasons, making it impossible for them to file appeals.

They requested that the Election Commission be directed to publish the voter deletion lists online.

On the other hand, the poll panel said that deletion orders had been issued to individuals and pointed out that no affected voter had approached the top court.

Posting the matter for further hearing on October 9, the Justice Kant-led Bench directed the poll body to place data before the Supreme Court.

In its previous order, the Justice Surya Kant-led Bench had clarified the limited scope of Aadhaar, holding that while it could be used as proof of identity for inclusion in the revised voters’ list, it could not serve as proof of citizenship.

"There is no quarrel that, as per the statutory status assigned to Aadhaar Card under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, it is not a proof of citizenship and therefore shall not be accepted as proof of citizenship," the apex court said.

However, the Justice Surya Kant-led Bench noted that under Section 23(4) of the Representation of the People Act, 1950, Aadhaar could still serve as a valid document for identification.

"Accordingly, we direct the Election Commission of India and its authorities to accept the Aadhaar Card as a proof of identity for the purpose of inclusion or exclusion in the revised voter list of the State of Bihar," stated the order passed on September 8.

"Aadhaar Card, for this purpose, shall be treated as the 12th document by the authorities," it added, clarifying that the ECI could verify its authenticity in the same manner as other supporting documents.

Meanwhile, the ECI has announced that the Bihar Assembly elections will be held in two phases, on November 6 and 11, with the counting of votes scheduled for November 14.

Addressing a press conference, Chief Election Commissioner Gyanesh Kumar described the upcoming Bihar polls as the “mother of all elections,” highlighting the extensive preparations made to ensure peaceful and transparent voting.

"We want to assure the voters of Bihar that the elections will not only be smooth and fair but also the most peaceful ever, with a special focus on law and order," said the CEC, joined by fellow Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi.

This year’s elections mark the first major electoral exercise in Bihar following the SIR-driven purification of the state’s voter list.

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