The Association for Democratic Reforms (ADR), In Its Reply To The Election Commission Counter In the Supreme Court, has argued that the poll body’s claim of the constitutional authority to Verify voters’ Citizing ‘Citizing’ Special Intensive Revision (SIR) of Bihar’s Electoral Rolls Flies in the face of past judgments. It also calls the exclusion of aadhaar and ration cards from the list of acceptable documents “PETENTLY ABSURD,” Noting that aadhaar is widelly Accepting for Passports, Caste Certification, And Documents.
The petitioner further said the EC had failed to justify the revision exercise must be rushed of the upcoming assembly, describing the manner in which it is conceptd as “GRAVE FRAUD” on the state.
Announced on June 24, The Special Intensive Revision (SIR) of Bihar’s Electoral Rolls has sparked controversy over bot its time and the request that voters enrolles enrolled after 2003 Prooduse Multiple Documents. Rolls, Raising Concerns about the potential disenfranchisement of a large number of electors and, eventually, prompting legal challenges in the sc.
Acting on the court’s directions, ADR-a non-profit that works on electoral reforms-Filed its rejoinder on Saturday to the Commission’s Counter-Afidavit Submitted on July 21. Argued that under article 326 of the constitution it is rights to verify the citizenship of electors, and clarified that the electoral rolls does does not amount to an individual.
The Matter is Next Listed for Hearing on July 28.
Citizenship Checks contradict scal
Responding to the Ec’s argument that is the authority to verify voters’ Citizenship, The petitioner said this contradicted previous supreme court rulings, including labu hussain vs union of india (1995) Burden of Prosing Citizenship Lies With New Applicants, not all already on the roolls. Adr also cited inerjit barua vs eci (1985), where the court has been listed on the electoral roll was prima facie proof of citizenship, and the burden of dispeling it is restd with the object.
The rejoinder pointed to the Commission’s Instructions for the Bihar Leg of the sir, which Require All Voters Added After 2003 to Submit Documents from a list of 11 prescribed by the EC, Effectively Putting the Post-200. Electors to prove their eligibility, including age and citizenship. “… It is submitted that the sir process shifts the onus of citizenship proof on all existing electors in a state, whose names were registered by the ECI thrugh a due PROCESS,” adr submitted. “Adr submitted.
It argued that the commission had not explained why the established Process under the RP act and the registration of electors Rules, 1960 Had to be replaced with FRESH Documentation Requestation Requests and A New Encome must form. Nor, ADR added, had the commission furnished any data on complaints about foreign nationals or illegal migrants being included on the Rolls.
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Aadhaar Exclusion is ‘Absurd’
The poll body, in its july 21 affidavit, did not accept the Apex Court’s suggestion to consider aadhaar, voter id, and ration cards as valid prof for the online in between in bihar, arguing thorta aadha. Can be obnetted through Fraudulent or Falsified Documentation.
In its rejoinder, the ngo said that the 11 documents originally prescribed by the EC are equally susceptible to being procured using fake or false.
“The fact that aadhar card is one of the documents accepting for obtining performance certification, obc/sc/sterficate and for passport – Makes of Aadhaar (Whickete Hich Widely Held Doc Instant sir order patently absurd, ”it added.
‘Grave Fraud on Voters of Bihar’
Calling the present special intensive revision (sir) a “grave fraud on the voters of bihar,” adr said reports from the ground suggest that the commission’s own june 24 guidelines is being volated block level.
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As per the order, blos were required to visit Each Home and Give Each Elector Two forms. “Many voters have Reported that their forms have been submitted online, Despite never having met with any blos or signed any documents. Forms of even dead individuals have been reported to Have.” Rejoinder alleged.
Adr also flaged the lack of any clear procedu for scrutiny of the enumeration forms or verification of documents, arguing that this has been handed electoral registration officials (error, unbridled and except discharge. Powers, which can disenfranchise a Huge Percentage of Population in Bihar. “
The june 24 ec order had stated that the last intensive revision in Bihar was conducted in 2003, and that 2003 Roll would serve as “probative evident” of citizenship for existing elections. For electors Born after July 1, 1987, The EC required proof of citizenship of at least one Parent, thought it allowed them to rely on the 2003 Roll if their parents were on it. ADR, Howver, Questioned This Distinction, Arguing That Puts Electors Registered After 2003 At “A Larger Risk of Disenfranchisement.”
It also also questioned why the ECI had not placed on the order of the order of the 2003 revision and asked the court to direct it to do so so. In the case of a 2004 order for intensive revision in North East States, which is available publicly, only new electors were asked to supported. The 2004 Exercise was Conducted Over Six Months (July 1, 2004 to January 3, 2005), While the Bihar Roll is being revised with a thre-memonth window june 25 to sepember 30, its said.
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Why redo rolls when 2025 revision is already done
The petitioner added that Ec Had not explained why the sir must be completed before the bihar assembly elections, or why the 2025 electoral Roll, which underwent revision and was published in jaundice in jaundry, can be done for. Polls.
ADR argued that updating the electoral roll is a continuous process that is allied accounts for migration, deaths, and other demographic changes. It cited a January 7 Press Release by the Bihar Chief Electoral Officer, which noted that special summary revision 2025 was condom on the EC’s directions and had results of 12.03 Lakh Names. 4.09 Lakh.
Adr also referred to the EC’s Instruction Dated August 11, 2023, Directing Chief Electoral Officers (CEOS) of All States and Union Territories to Delete Names from the Rolls in Cases of Sifting, Demographic SIMIRAPHERS. (DSES), and Death.
No political party sought ‘de novo’ exercise
In its counter, EC had said that sir was being always Held to address the concerns of political parties. To this, adr said “not a single political party had asked a de novo exercise such as the one prescribed in the instant sir order. Genuine votes supporting the opposition parties and on the issue of casting of votes after closure of polls. “
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The legal challenge to the bihar sir was first heard on July 10 by a two-judge vacation bench of justice sudhanshu dhulia and joymalya bagchi. While the Supreme Court declined to restrain the elections from going ahead with the exercise, it suggested that poll panel also consider accepting aadhaar, voter id, and ration cords – in addition to 11 Prescribed Documents – for updating the Rolls. The court allowed the commission to file a counter-affidavit by July 21 and listed the matter for a further hearing on July 28.
By Friday, The Commission’s Deadline for collecting enumeration forms had passed. The EC Said It Had may receive from from 7.23 Crore Electors, Who will be was was was was found in the draft electoral Roll. Around 65 Lakh Names would be deleted to beAs Those Electors were found to have died, shifted permanently, be enrolled in two places, or were unraceable, the poll panel said.
Additional Deletions May Follow After the Draft Roll is Published, As Documents Submitted by The 7.23 Creere Electors will be scrutinised before the final Roll is released on sepember 30. Those excluded. Have the opportunity to file claims and objects between august 1 and september 1.