New Delhi: The Supreme Court on Tuesday directed the Election Commission (EC) to furnish details of 3.66 lakh voters excluded from the final electoral roll prepared after Bihar’s Special Intensive Revision (SIR) exercise.
The poll panel informed the apex court that most of the names added to the final list after the draft roll was published on August 30 belonged to new voters, and no complaints or appeals have been filed so far by any excluded individuals.
A bench of Justices Surya Kant and Joymalya Bagchi passed the directions after petitioners, including political leaders from opposition parties such as RJD, Congress, and CPI(M), argued that the EC had not provided notices or reasons to voters whose names were deleted from the final list.
The bench, hearing pleas challenging the June 24 EC decision to conduct the SIR in poll-bound Bihar, said the EC must submit all information on excluded voters by October 9, when the next hearing is scheduled. The top court noted that as both the draft and final electoral rolls are available, the required data can be provided through a comparative analysis.
Justice Bagchi told senior advocate Rakesh Dwivedi, representing the EC, that court interventions have improved transparency and access to the electoral process. The bench highlighted that while the final list shows an increase in numbers from the draft rolls, there is confusion over whether additions were previously deleted voters or entirely new voters.
“You would agree with us that the degree of transparency and access has improved. From the data, 65 lakh names were deleted in the draft list. While deletions due to death or migration are acceptable, any deletions should follow Rule 21 and the SOP. The final list shows a rise in numbers — please clarify the identity of the add-ons,” Justice Bagchi said.
Dwivedi responded that most additions were new voters, with a few old voters added after the draft publication. He said no complaints or appeals have been filed so far by excluded voters.
Advocate Prashant Bhushan for RJD and senior advocate Abhishek M Singhvi, representing other opposition leaders, alleged that excluded voters were not informed of the reasons for deletion. “It is unclear whether the new additions were from the 65 lakh excluded earlier or entirely new voters, reducing the number of exclusions in the final list,” Singhvi said. Bhushan further contended that instead of cleaning the electoral roll, the SIR has compounded problems.
Justice Kant added that if any petitioners or aggrieved persons are before the court, the bench could direct the EC to provide details of those among the 3.66 lakh excluded voters who had not received orders.
Advocate Vrinda Grover, representing some Bihar-based activists, said the Chief Electoral Officer’s website provides only disaggregated data and does not show details by gender and age. Notices were also issued to address a plea by advocate Ashwini Kumar Upadhyay seeking clarification regarding Form-6, used by citizens to add their names to the rolls.
The bench reiterated that Aadhaar is not proof of citizenship or domicile, as stated in previous orders.
On September 30, the EC published Bihar’s final electoral roll, noting a reduction of nearly 47 lakh voters to 7.42 crore from 7.89 crore before the SIR. However, the number increased by 17.87 lakh from the draft list of 7.24 crore electors issued on August 1, which had removed 65 lakh voters due to death, migration, or duplication. While 21.53 lakh new electors were added to the draft list, 3.66 lakh names were removed, resulting in a net increase of 17.87 lakh voters.
The Bihar Assembly elections will be held in 121 constituencies on November 6, and in the remaining 122 seats on November 11, with vote counting on November 14.
With PTI inputs