'Arbitrary, Impractical, Disenfranchises Lakhs' : Plea In Supreme Court Challenges ECI's Bihar Voter Roll Revision

A writ petition has been filed in the Supreme Court challenging Election Commission of India's order passed on June 25 for a Special Intensive Revision of Electoral Roll in Bihar.

The petition filed by Association for Democratic Reforms contends that the ECI order is arbitrary and can disenfranchise millions of voters.

The ECI's directive calls for a Special Intensive Revision of Electoral Rolls in Bihar, as per which voters who do not figure in the 2003 electoral rolls have to submit the specified citizenship documents to prove they are genuine citizens.

The petitioner contends that the ECI order violates Articles 14, 19, 21, 325, and 326 of the Constitution, along with provisions of the Representation of the People Act, 1950 and Rule 21A of the Registration of Electors Rules, 1960.

The petitioner argues that unless this order dated 24.06.2025 is quashed, it could arbitrarily and without due process disenfranchise lakhs of voters, undermining free and fair elections and thus striking at the heart of the basic structure of the Constitution. The stringent documentation requirements, absence of adequate procedural safeguards, and the unreasonably short timeline for conducting this special revision in Bihar are likely to result in the wrongful deletion of genuine voters from the rolls, effectively denying them their right to vote.

It is also contended that by issuing this order, the ECI has shifted the responsibility of proving eligibility to be on the electoral rolls from the State to individual citizens. By excluding common identification documents like Aadhaar and ration cards, the process disproportionately impacts marginalised communities and the poor, making them more susceptible to being left out. Furthermore, the requirement under the SIR process for voters to furnish documents not only to prove their own citizenship but also that of their parents violates Article 326. Failing to meet these requirements could lead to their names being excluded from the draft electoral roll or even removed altogether.

It is contended that the ECI has set an unreasonable and impractical timeline for carrying out the SIR in Bihar, especially given its proximity to the state elections scheduled for November 2025. There are lakhs of citizens whose names were not on the 2003 electoral rolls and who lack the documents demanded under the SIR order. While some may be able to obtain these documents, the short deadline prescribed by the directive could prevent them from doing so in time.

Bihar, a state marked by high levels of poverty and migration, has a large population without access to essential documents like birth certificates or records of their parents. The petitioner estimated that more than 3 crore voters, especially those from marginalized groups such as SCs, STs, and migrant workers, could be deprived of their right to vote because of the strict requirements laid down in the SIR order. According to the petition, recent reports from Bihar, where the SIR process has already begun, indicate that lakhs of voters from rural areas and marginalized communities do not have the documents being demanded of them.

The petition has been filed through Advocate Prashant Bhushan.