SC to Hear Petitions Against Bihar Voter Purge

 

New Delhi, July 9, 2025: The Supreme Court will hear petitions on Thursday challenging the Election Commission of India's (ECI) "special intensive revision" of Bihar's electoral rolls, a move petitioners allege will lead to mass disenfranchisement, particularly of Muslims, Dalits, and migrant workers, ahead of state elections due by November.

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Petitioners Raise Alarm:
The pleas, filed by Rashtriya Janata Dal (RJD) MP Manoj Jha, Trinamool Congress MP Mahua Moitra, NGOs Association for Democratic Reforms (ADR) and Peoples Union for Civil Liberties (PUCL), and activist Yogendra Yadav, argue the ECI's exercise is unconstitutional and "institutionalised disenfranchisement."

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Tight Deadline: Petitioners slammed the 30-day window (ending late July) for voters to submit enumeration forms using one of 11 specified documents proving citizenship and place of birth. Crucially, common IDs like Aadhaar, voter ID cards, and ration cards are excluded.

Targeting Vulnerable Groups: Jha’s plea alleges the revision "disproportionately targets Muslim, Dalit, and poor migrant communities," calling it "engineered exclusion." Moitra's petition draws parallels to the National Register of Citizens (NRC), warning non-submission leads to automatic deletion.

Migrant Worker Crisis: With Bihar being India's largest source of migrant labour (over 9.3 million migrated 2001-2011), petitioners argue millions working outside the state cannot possibly return within 30 days, risking deletion. ADR stated this violates fundamental rights (Articles 14, 19, 21).

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Monsoon Misstep: Jha highlighted the revision's launch during monsoon floods, disrupting access and participation in flood-affected districts.

Procedural Flaws: Petitioners argue the revision violates the Registration of Electors Rules, 1960, by allowing Electoral Registration Officers (EROs) to initiate suo motu inquiries and issue notices, bypassing the rule that only allows claims/objections from affected persons. They deem the timeline "unreasonable and unworkable."

Unnecessary Duplication: Petitioners noted a regular Summary Revision concluded in January 2025, making this second, aggressive revision in a poll-bound state unjustified.

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ECI's Justification & Court's Initial View:
The ECI announced the revision on June 24, citing a constitutional duty to ensure only citizens are enrolled. It pointed to rapid urbanisation, migration, unreported deaths, and the inclusion of undocumented foreigners as reasons, noting the last such intensive revision was in 2003 (covering ~50 million). The ECI instructed officials to treat the 2003 roll as "probative evidence of eligibility," shifting the burden onto voters not listed then.

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A Supreme Court bench (Justices Dhulia and Bagchi) agreed to list the matter for Thursday, directing petitioners to serve copies to the ECI and Attorney General. However, the bench observed the timelines cited by petitioners lack the "sanctity" of established precedents (like MS Gill, 1978) that emphasize non-interference once elections are notified (which hasn't happened yet) to protect the democratic process. Senior advocates Kapil Sibal and Abhishek Singhvi pressed for urgency and a potential stay.

Stakes are High:
Bihar has nearly 79 million registered voters. The outcome of Thursday's hearing could determine the voting rights of potentially millions and shape the fairness of the upcoming high-stakes state elections. Petitioners seek to halt the revision process entirely.

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