SIR: Law says only local official can issue notice to electors; in Bihar, central EC sent pre-filled notices

May not have led to deletions but process raises questions of jurisdiction under election law

Law says only local official can issue notice to electors; in Bihar, EC sent pre-filled noticesDraft rolls in five States/UTs today
New Delhi, Patna, SiwanDecember 16, 2025 10:22 AM IST First published on: Dec 16, 2025 at 06:10 AM IST

As notices begin going out on Tuesday to electors with the publication of draft rolls in five states and UTs under the Special Intensive Revision (SIR), a procedural red flag from Bihar has set off concern within the election machinery.

In the closing fortnight of the Bihar SIR in September, The Indian Express has learnt, Electoral Registration Officers (EROs) across the state found “pre-filled notices” appearing on their individual log-ins on the Election Commission of India’s (ECI) centralised portal. These notices, estimated to be in lakhs but no number has been provided by the EC, were addressed to Bihar electors who had already submitted their forms and supporting documents and whose names figured in the draft rolls published in August.

Advertisement

Significantly, while the notices bore the names of the EROs, they had not been generated by them.

This departure matters because the law is clear. Under the Representation of the People Act, 1950, it is the ERO of the Assembly constituency, and only the ERO, who is empowered to doubt an elector’s eligibility and issue a notice calling for a hearing.

Indeed, Chief Election Commissioner Gyanesh Kumar has also underlined this principle. At an August 17 press conference, describing electoral revision as a “decentralised construct”, Kumar said: “Neither I nor my fellow Election Commissioners nor any EC official or you can add or delete votes, except for following the legal process.”

Advertisement

It is against this statutory and institutional backdrop that the Bihar episode raised eyebrows among several EROs, many of whom are learnt to have chosen not to act on or pursue the notices.

ec notice A pre-filled notice issued by central EC in bIhar.

This episode did not translate into mass deletions. According to official data, of the 68.66 lakh deletions recorded during the Bihar revision, only 9,968 remain unexplained; the rest were attributed to death, migration, duplication or absence. Yet the manner in which the notices were generated and routed has raised questions about jurisdiction at a sensitive stage of the revision process: who is authorised to initiate scrutiny once documents have been submitted.

Five Bihar government officials involved in the exercise told The Indian Express, on condition of anonymity, that the notices began appearing on ERO log-ins in the days leading up to the September 25 deadline for disposal of claims and objections. The notices were meant to be signed by the ERO or Assistant ERO (AERO) and then delivered to electors through Booth Level Officers (BLOs). Two senior Election Commission officials separately confirmed this sequence.

The Indian Express travelled to many constituencies in Patna and Siwan to find several examples of such pre-filled notices. In a uniform, pre-filled Hindi format, they carry the elector’s name, EPIC number, Assembly constituency, booth number, serial number and address. Each notice asks the elector to appear before the ERO with documents to establish eligibility.

Explained
Process is problem

The Bihar notices, pre-filled and sent by EC, may not point to substantive wrongdoing. But they flag a procedural question at the heart of electoral integrity: when the law assigns responsibility to a local statutory authority, central interventions can unsettle the chain of accountability.

The notices cite instruction 5(b) of the detailed SIR guidelines issued on June 24, which states that “in case ERO/AERO doubts the eligibility of the proposed elector… he/she will start a suo motu inquiry and issue notice.” However, unlike an earlier notice format circulated to EROs, which left blank columns for officers to record reasons in their own hand, these notices arrived pre-populated.

They also carry no visible date of issue, though officials say the last eight digits of the serial number reflect the date of generation. For instance, “13092025” indicates September 13, 2025. All nine notices reviewed had a printed tick against the same second reason for doubt: that the documents submitted were “incomplete or deficient”.

The Indian Express sent a detailed questionnaire on December 12 to the Election Commission but no response was received. The Bihar Chief Electoral Officer was unavailable for comment.

EC officials said the notices were generated after identifying “logical errors” or “logical discrepancies” in submitted forms and documents. Electors had been asked to attach documents from a prescribed list of 11, or extracts from the 2003 electoral roll, the last time an intensive revision was conducted.

Among those who received a notice was RJD MLA Osama Shahab, an elector in Siwan’s Raghunathpur. His name was eventually retained. His BLO, Jay Shankar Prasad Chaurasiya, said the issue was “technical” and resolved after documents were resubmitted. “None of the notices given to me led to any deletions,” he said.

Another elector from the same booth, Tarik Anwar, said he was unsure why he was called despite having submitted documents. “When I went for the hearing, I was told my name was on the rolls,” he said.

In another Siwan booth, a BLO said he was given notices for six electors though their documents, including 2003 extracts, had already been uploaded. “The notices did not clearly mention the reason. I assumed there was a minor spelling mismatch,” he said, adding that several electors received notices barely two days before the scheduled hearing. Eventually, he said none of those names were deleted when the final roll was published on September 30.

Damini Nath is an Assistant Editor with the national bureau of The Indian Express. She covers the ho... Read More

Latest Comment
Post Comment
Read Comments