SC Puts EC on Notice Over 5 Lakh Duplicate Bihar Voters

Bihar SIR- File Photo

NEW DELHI: The Supreme Court on Thursday directed the Election Commission of India (ECI) to keep all records prepared to counter serious allegations that the Special Intensive Revision (SIR) of Bihar’s electoral rolls failed to eliminate more than 5 lakh duplicate voters.

The directive was issued by a bench, which told the poll panel to be ready to demonstrate that it “scrupulously followed the rules and regulations set by itself for SIR.”

Allegations of Non-Compliance

The petition was brought by the NGO Association for Democratic Reforms (ADR). Advocate Prashant Bhushan, appearing for the NGO, informed the bench that the duplicate names, which were first pointed out by petitioner Yogendra Yadav in a presentation before the SC in October, continued to remain on the final voter list published by the ECI after the completion of the revision exercise.

Bhushan accused the Election Commission of displaying “astonishing adamancy” by allegedly refusing to run its own deduplication software on the voter list, which he claimed could easily identify and eliminate the 5 lakh duplicate entries. He also argued that the SIR exercise in Bihar lacked transparency, as the commission reportedly refused to disclose the methodology used for adding or deleting names.

ECI Claims Compliance

In response, ECI counsel Eklavya Dwivedi assured the bench that the commission had already filed an affidavit asserting that it had fully complied with all prescribed rules, regulations, and directions of the Supreme Court during the revision process.

However, the bench pressed the commission, telling Dwivedi that the ECI “must respond to these factual aspects” and “Keep your records ready.”

Legal Argument on Citizenship

Advocate Bhushan further contested the ECI’s scope of power, arguing that the purported goal of the exercise—to strike off foreigners and illegal migrants—falls outside its constitutional and statutory mandate. He contended that the ECI is neither constitutionally nor judicially empowered to determine a voter’s citizenship.

Bhushan suggested that if a Booth Level Officer (BLO) finds a voter’s citizenship doubtful, the case must be referred to the competent authority. Until a final decision is reached, the ECI cannot remove a person from the voter list if they claim Indian citizenship via an affidavit. Senior advocate Shoeb Alam, representing another petitioner, reiterated this point, stating that the ECI cannot claim powers beyond what is statutorily prescribed.

Government Context on Duplicate Rolls

Separately, Law Minister Arjun Ram Meghwal addressed the broader issue in Parliament. He informed the Rajya Sabha that significant changes have occurred in electoral rolls over the last 20 years due to additions and deletions on a large scale.

Meghwal attributed the issue of duplicate entries primarily to rapid urbanisation and frequent migration, where electors register at a new residence without getting their names deleted from their initial place of residence. The Minister confirmed that the responsibility for conducting the SIR rests with the Election Commission.

by News 360 | National Desk

Source: News Agencies

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