THOL THIRUMAVALAVAN MOVES SC, WARNS OF DISENFRANCHISEMENT RISK FOR DALITS, ADIVASIS AND WORKERS IN TAMIL NADU SIR CASE:

Member of Parliament and Viduthalai Chiruthaigal Katchi (VCK) president Thol Thirumavalavan has moved the Supreme Court challenging the Election Commission of India’s decision to carry out a Special Intensive Revision (SIR) of electoral rolls in Tamil Nadu ahead of the 2026 Assembly elections. He seeks to set aside the Election Commission’s notification dated 27 October 2025, which initiated the statewide revision exercise. The petition, filed under Article 32, asserts that the SIR is arbitrary, opaque, and unconstitutional, and infringes fundamental rights relating to equality, dignity, and universal adult suffrage.

Thirumavalavan argues that the timing of the SIR which was announced less than a year before the State elections, creates a serious possibility of extensive voter deletions, especially from marginalised communities. The petition states that the design and schedule of the exercise disproportionately affect Dalits, Adivasis, migrant labourers, women who move residences after marriage, low-income households, persons with disabilities, and individuals without stable documentation or digital access. According to the petitioner, structural barriers such as seasonal migration, informal or unregistered housing, language constraints, and digital illiteracy make it extremely difficult for many citizens to comply with the verification requirements. As a result, large numbers of eligible voters may be excluded from the rolls without fault on their part.

Relying on the constitutional principle of indirect discrimination, the petitioner contends that even if the SIR appears neutral on the surface, it becomes unconstitutional when its practical impact disproportionately excludes disadvantaged groups. The petition emphasises that Dalits, Adivasis, women, and working-class communities are significantly more vulnerable to wrongful deletions, thereby undermining the vision of universal adult franchise embedded in the Constitution.

To highlight the gravity of the risk, the petition references earlier instances of mass deletions during intensive revisions in Tamil Nadu, particularly in 2002 and 2005, where official records later acknowledged procedural shortcomings. It also cites reports of more than 50 lakh deletions prior to the 2009 Lok Sabha elections and documented complaints from tribal communities in 2016, suggesting that similar exercises in the past have had adverse consequences for marginalised voters.

The petitioner further notes that Tamil Nadu recently completed a Special Summary Revision between October 2024 and January 2025, culminating in the publication of updated rolls on 6 January 2025, which have since been continuously maintained. He argues that the Election Commission has not presented any substantive justification for conducting a fresh, statewide intensive revision so close to the next Assembly polls.

According to the plea, the current SIR process departs from the statutory framework under the Registration of Electors Rules, 1960, which provides for home-based verification by Booth Level Officers. Instead, the Election Commission has introduced additional form-based requirements through executive instructions, allegedly without necessary safeguards such as prior notice or an opportunity to be heard before a voter’s name is deleted.

The petition asserts that the right to vote, recognised as a constitutional right under Article 326, is effectively curtailed by imposing procedural hurdles that disadvantaged groups cannot reasonably meet. The petitioner characterises this as a form of “soft disenfranchisement” that weakens democratic legitimacy.

Meanwhile, the ruling DMK government in Tamil Nadu has also approached the Supreme Court challenging the SIR. In contrast, the AIADMK has filed an application supporting the Election Commission’s decision. Actor Vijay’s recently formed party, Tamilaga Vettri Kazhagam (TVK), has likewise questioned the SIR through a separate petition. The Supreme Court is scheduled to hear the DMK’s plea on November 26.