NGO ADR moves SC over revision of Bihar electoral rolls: ‘No reason for such a drastic exercise in a poll-bound state’

“The SIR order dated 24.06.2025, if not set aside, can arbitrarily and without due process disenfranchise lakhs of voters from electing their representatives, thereby disrupting free and fair elections and democracy in the country, which are part of the basic structure of the Constitution,” the plea stated.

It said “the documentation requirements of the directive, lack of due process as well as the  unreasonably short timeline for the … revision… further make this exercise bound to result in removal of names of lakhs of genuine voters from electoral rolls, leading to their disenfranchisement.”

The NGO said the EC’s June 24 order “has shifted the onus of being on the voters’ list from the State to citizens. It has excluded identification documents such as Aadhaar or ration cards which further make marginalised communities and the poor more vulnerable to exclusion from voting”.

“The declaration as required under the SIR process is violative of Article 326 in so far as it requires a voter to provide documents to prove his/her citizenship and also citizenships of his/her mother or father, failing which his/her name would not be added to the draft electoral roll and can be deleted from the same,” it stated.

The petition contended that the “ECI has issued unreasonable and impractical timeline to conduct SIR in Bihar with close proximity to state elections which are due in November 2025. There are lakhs of citizens (whose names did not appear in 2003 ER) who do not possess the documents as required under the SIR order, there are many who may be able to procure the documents but the short timeline mentioned in directive may preclude them from being able to supply the same within the time period.”

Pointing out that “Bihar is a state with high poverty and migration rates where many lack access to documents like birth certificates or parental records,” it said “as per estimates, over 3 crore voters and more particularly from marginalised communities (such as SC, STs and migrant workers) could be excluded from voting due to the stringent requirements as mentioned in the SIR order. ”

It said “current reports from Bihar, where SIR is already underway, show that lakhs of voters from villages and marginalised communities do not possess the documents being sought from them”.

According to ADR, Section 21(3) of the RPA, 1950 allows the ECI to direct a special revision of electoral rolls “for reasons to be recorded” but the directive for Bihar “lacks recorded reasons supported by any evidence or transparent methodology, rendering it arbitrary and thus liable to be struck down”.

It said the “SIR of Bihar or any other state of country is a positive step, but the manner in which ECI has directed the conduct of SIR in a poll-bound state like Bihar has raised questions from all stakeholders, particularly the voters.”

It said “Special Summary Revision (SSR) was already conducted between October 29, 2024 and January 6, 2025 which addressed issues such as migration and ineligible voters due to death or other reasons” and “thus, there is no reason for such a drastic exercise in a poll-bound state in such a short period of time, violating the right to vote of lakhs of voters”.