The Supreme Court will hear on 10 July multiple petitions filed against the Election Commission’s decision to conduct a special and intensive revision of the electoral rolls in Bihar.
The petitioners include the Association for Democratic Reforms (ADR), TMC MP Mahua Moitra, political activist Yogendra Yadav, and RJD leader Manoj Jha.
Senior advocate Kapil Sibal, while mentioning the case, said that the EC’s directive is flawed and needs urgent judicial scrutiny.
Fundamental rights at risk
RJD MP Manoj Jha, in his petition, contends that the EC’s action violates Articles 14 (Right to Equality) and 21 (Right to Life and Personal Liberty) of the Constitution.
He warned that such a revision exercise could lead to the removal of a large number of names from the electoral list, affecting the voting rights of many.
ADR’s petition estimates that around three crore migrant voters could be excluded.
It highlights that poor and marginalised groups, particularly in rural areas, are unable to produce the documents required by the EC, thus facing a risk of disenfranchisement.
Constitutional & legal violations cited
The petitioners allege that the EC’s order infringes several constitutional provisions:
- Article 14– Equality before law
- Article 19– Freedom of expression
- Article 21– Right to life and liberty
- Articles 325 and 326– Electoral rights
They also claim violations of the Representation of the People Act, 1950 and the Registration of Electors Rules, 1960, specifically Rule 21A.
Mahua Moitra calls EC order unconstitutional
In her plea under Article 32, TMC MP Mahua Moitra has sought the cancellation of the EC’s 24 June directive, calling it unconstitutional and discriminatory.
She alleged that the order aims to remove voters from poor, minority, and underprivileged backgrounds under the guise of verification.
Verification drive underway
The EC has initiated a mass verification drive, distributing 8 crore verification forms to Booth Level Officers (BLOs) across Bihar.
3.16 crore voters registered until 1 January 2023 must reconfirm their details.
4.74 crore voters must submit proof of identity and residence.
Acceptable documents include Aadhaar, voter ID, ration card, driving licence, MGNREGA job card, and others.
Opposition leaders have criticised the process, calling it politically motivated and a threat to free and fair elections.
Also read: CJI Gavai: Justice Krishna Iyer’s Ideas Still Guide India’s Courts
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