In the Supreme Court proceedings
challenging the Election Commission of India’s (ECI) Special Intensive Revision
(SIR) of Bihar’s electoral rolls, political activist Yogendra Yadav appeared
with two individuals allegedly declared dead in the ECI’s draft rolls. A Bench
of Justices Surya Kant and Joymalya Bagchi heard the matter and will continue
the hearing tomorrow. The ECI’s counsel, Senior Advocate Rakesh Dwivedi,
criticised Yadav’s move, stating that instead of engaging in theatrics, he
should assist the affected persons in rectifying the records. The Bench noted
that the deletions might be the result of inadvertent errors, which could be
corrected.
Yadav alleged that the SIR has resulted in
the mass exclusion of voters in Bihar, contrary to earlier judicial assurances
that the Court would intervene if such exclusions occurred. He claimed that the
number of voters at risk of deletion could exceed 65 lakh and possibly reach 1
crore if the SIR continued. According to him, the problem lay not in the faulty
implementation of the process but in its very design, with similar consequences
likely wherever the SIR was undertaken. Citing census projections, Yadav argued
that Bihar’s adult population is 8.18 crore, yet the rolls accounted for only
7.9 crore, reflecting a 29 lakh deficit even before the exercise began.
He asserted that electoral roll assessment
should be based on the percentage of eligible adults, pointing out that Bihar’s
voter eligibility had dropped from 97% to 88% in one stroke, with the risk of
further deletions. International data, he said, showed that shifting the burden
of voter enumeration from the state to individuals often disenfranchises up to
a quarter of voters, predominantly from poor and marginalised groups.
Responding to a query from the Bench, Yadav
distinguished the current SIR from the 2003 intensive revision. In 2003, he
explained, officers were given printouts and conducted door-to-door
verification without demanding documents. By contrast, the present SIR required
the submission of enumeration forms and presumed non-citizenship in their
absence—measures he described as unprecedented and legally questionable.
Yadav emphasised that the current revision
was the first in India’s history to record zero additions. He questioned why
the ECI had not found a single eligible voter to include and highlighted gender
disparities in deletions, noting that 31 lakh women’s names had been removed
compared to 25 lakh men’s. This, he argued, undermined the explanation that
migration or deaths were the main reasons for deletions.
He also criticised the booth-level
officers’ discretion to ‘not recommend’ voters despite completed forms,
pointing to double-digit non-recommendation rates in some districts, and
questioned why the ECI withheld related data. Yadav further accused the ECI of
altering legal requirements through press releases instead of formal
amendments, leading to confusion about documentation rules.
Lastly, he doubted the feasibility of
meeting the ECI’s timelines, calculating that each Electoral Registration
Officer would need to scrutinise thousands of forms daily while managing other
duties. He also warned that the right to appeal deletions was practically
ineffective if rolls were frozen close to elections, potentially barring
candidates from contesting for five years.