Use Aadhaar, any of 11 listed papers for inclusion claim: Supreme Court on Bihar rolls

Stating that its attempt is to see that the entire exercise is “voter friendly”, the bench of Justices Surya Kant and Joymalya Bagchi asked Bihar’s 12 recognised political parties to instruct their Booth Level Agents (BLAs) to assist voters in submitting claim forms.

Hearing pleas by NGO Association for Democratic Reforms (ADR) and others challenging the SIR, the bench, on August 14 when the matter was last heard, had issued a set of directions to the EC to make available — both online and offline — the list of the estimated 65 lakh voters whose names had not been included in the draft rolls, along with the reasons for exclusion.

On Thursday, the EC, through an application, informed the  bench that it had complied with the direction and “the booth-wise list of about 65 lakh persons whose names do not appear in the Draft Electoral Roll has been published on the website of all 38 District Election Officers in the State of Bihar, along with reasons for their non-inclusion in the Draft Electoral Roll, i.e., whether it is on account of death, shifting of ordinary residence or duplicate entries”. It said “reports have been received from all 38 DEOs… annexed to this affidavit, along with the report of CEO Bihar. The said list has also been posted at Panchayat Bhavan/Block Development/Panchayat Officers’ offices”.

Resuming the hearing Friday, the bench said, “We are surprised to see… that the 1,60,813 Booth Level Agents (of various political parties) have so far filed only two objections.” It said, “On the other hand, some political parties which are being represented by counsel have submitted that their BLAs are not being permitted to submit objections.”

The bench directed the BLAs to make every effort to facilitate the 65 lakh people whose names were not included in the draft electoral rolls, except those who are dead or who have shifted and are not ordinary residents, to submit their objections by the cut-off date of September 1, 2025.

“Wherever physical forms are submitted, the Booth Level Officers (BLOs) are directed to acknowledge receipt of those forms. However, such acknowledgement shall not be proof that the form is complete in all respects,” the bench said.

The SIR, announced on June 24, triggered a row over its timing and the requirement that voters enrolled after 2003 should produce multiple documents to stay on the electoral rolls, raising concerns that lakhs will possibly be disenfranchised.

Appearing for ADR, Advocate Prashant Bhushan said the website of the Commission should also state what document was submitted along with the application by a voter seeking inclusion of name. The bench, however, left that decision to the EC.

Senior Advocate Kapil Sibal, appearing for RJD MP Manoj Jha, sought more time for the exercise, saying the time is too short because the final list will have to be published by September 30. But the bench said it was not looking to extend the time now.

“Today, we are not extending the date,” Justice Kant said, adding that the EC can look into it if it feels the need.

“That is what we said, trust the Commission. If there is any such need, we will do it,” said Senior Advocate Rakesh Dwivedi, appearing for the EC. “We are going from door to door and those who are shouting, they are not of any help at all,” he said.

Fixing the next hearing for September 8, the bench said, “We have passed an order, we are eagerly waiting to see how it is complied with.”