Bihar SIR: Bench sends a reminder on right to vote, fairness and transparency

“You (EC) are exercising the power of intensive survey as a preliminary enquiry into every voter identity. The powers (to do so) are prima facie traceable, so we do not wish to interdict… but your manner has to be reasonable, has to give certain comfort to citizens. Should not strain a person to become eligible,” Justice Joymalya Bagchi, who was also part of the bench, said.

This line of questioning from the bench concluded with the EC’s counsel, Senior Advocate Rakesh Dwivedi, agreeing to publish a list of voters who could potentially be deleted from the rolls.

“Since this action can have some civil consequences of depriving a citizen or a person of the right to franchise, therefore, fair procedure is required,” Justice Kant said.

Justice Bagchi also emphasised on a citizen’s fundamental right to know why he or she has been deleted from the voter list.

“A departure from the process is only permissible in a special circumstance. Let’s say the SIR is a special circumstance but the SOP requires you to give publicity and ensure opportunity to persons to appeal. It is a fundamental right to know as to why people being deleted requires the widest possible publicity,” Justice Bagchi said.

Lawyers appearing for the petitioners highlighted to the Court that the EC had replaced digital voter lists with scanned versions that can be searched. The bench orally agreed with the petitioners that the data must be searchable. However, Dwivedi expressed difficulty. citing apprehensions that political parties might aggregate the data and whether the publication could be a violation of the right to privacy.

“We don’t want citizens’ rights to be dependent on political party workers,” Justice Kant said.