RJD MP CHALLENGES BIHAR VOTER ROLL REVISION IN SUPREME COURT, QUESTIONS EXCLUSION OF AADHAAR BY ECI:

RJD MP Manoj Jha has approached the Supreme Court through a writ petition, contesting the Election Commission of India’s (ECI) decision to conduct a Special Intensive Revision (SIR) of electoral rolls in Bihar. He alleges that the move is not only rushed and poorly timed but also threatens to disenfranchise a vast number of voters. The revision process, he argues, undermines the constitutional right to vote, particularly targeting marginalized groups such as Muslims, Dalits, and poor migrant communities. According to Jha, these patterns of exclusion are not incidental but appear to be deliberate and engineered.

The petition criticizes the ECI for initiating this major electoral exercise without consulting political parties. It further contends that the process is being used to justify aggressive and opaque revisions of the voter rolls. Jha underscores that, in settled legal principles, the burden of proving one’s citizenship lies with the State, not the individual. However, the current process shifts this burden onto voters. As per data presented in the petition, out of 7.9 crore names on the electoral roll, approximately 4.74 crore voters are being required to submit proof of citizenship, often through documents related to their date and place of birth.

Jha points out that these requirements are particularly problematic in a state like Bihar, which has a high number of migrant workers, poor, and illiterate citizens. Many do not possess the necessary documents, especially given the short timeframe before the upcoming Assembly elections. He notes that the 11 forms of documentation mandated by the ECI are largely inaccessible to the underprivileged. For example, identity cards or pension orders are available only to about 20.49 lakh people in government employment. Even fewer among the 18–40 age group so, the focus of the verification would possess them.

He explains that other forms of documentation, such as identity cards or certificates issued before July 1, 1987, are relevant only for a very small portion of the population. Birth certificates are also rare, only about 7.13 lakh births were registered in 2007, out of an estimated 28 lakh. Passports are held by just 2.4% of the population. Educational certificates, while slightly more prevalent, are still limited, only 14.71% of people have cleared Class 10.

Other documents, such as permanent residence certificates, forest right certificates, or caste certificates, are also sparsely held. Documents like the NRC or family registers are irrelevant in Bihar, and land/house allotment certificates are mostly issued to government employees, not beneficiaries of schemes like PMAY.

The petitioner also criticizes the arbitrary exclusion of Aadhaar cards, despite their high coverage in Bihar—about 90% of residents possess them. He questions why documents previously accepted in the 2024 General Elections, such as Aadhaar, PAN cards, driving licenses, bank passbooks, and utility bills, have now been excluded.

Jha argues that the entire process, including its tight deadlines, is unreasonable and violates the principles laid down by the Supreme Court in Lal Babu Hussein v. Electoral Registration Officer, where it was held that deletion from voter rolls must follow a fair and just procedure. He asserts that the ECI’s decision is discriminatory, arbitrary, and in violation of Articles 14, 21, 325, and 326 of the Constitution. The petition, filed through Advocate-on-Record Fauzia Shakil, joins similar challenges brought by the Association for Democratic Reforms, PUCL, Yogendra Yadav, and Mahua Moitra.