Live Law
2025-08-14 07:26:22.0
Adv Fauzia Shakil (for RJD MP Manoj Kumar Jha): this order can be judicially reviewed on grounds of arbitrariness...1 cr migrants in Bihar...please consider (1) the impact of haste of this exercise on them. For 1 cr to upload documents, [in a state with poor digital infra], this is illogical and impractical. (2) feasibility of this exercise when several districts in Bihar impacted by floods. They tend to get worse in September-October. When houses are submerged, expecting the people to participate in exercise like this, shows action is ill-planned and suffers from non-application of mind. (3) 24 days for disposal of claims/objections. If even 1 lakh people file application, how can they be decided in 20 days? This court has said that when there's undue haste, malafides can be assumed. If exercise allowed to go on, many more people will be disenfranchised. (4) on deletion- EC has said it's not required to give list of deleted people and the reasons. Law required EC to conduct enquiry before deletion. Even in cases of death, they have to enquire, look at death certificates. They are suo-motu deleting. This is also contrary to their manual, which says publicity has to be given to the deleted list. Onus is on ECI to advertise. People in Bihar not informed who is deleted. List given to political parties in image format. Not even ECI's case that list is full-proof. We saw the other day people declared dead came before the court. Draft roll has to be kept at polling station
Interim reliefs claimed: De-link this hasty exercise for present election. Aadhaar be accepted. ECI give publicity to deleted list, with reasons. Increase time-line for filing claims/objections.