When the elections commission (EC) Announced a “Special Intensive Revision” (SIR) of Bihar’s Electoral Rolls on June 24, It Cited to Ensure This All Electors On The Revised Roll Meet Criketry Criceteria. And Citizenship – Including Those who was added after 2003, the last intensive revision was undertaken in the state.
But barely a year earlor, when the question of allegal immigrants because a flashpoint during the assembly elections in neighbouring jharkhand, Provisions ”for preparing electoral rolls – particularly those relating to citizenship. Incidentally, the last intensive revision in jharkhand was also conducted in 2003, the same year as bihar.
In fact, in an affidavit filed in the jharkhand high court on september 3, 2024, in a case involving allegal immigrants abotaining Identity Documents, Including vote Id Cards, The State of Chief Effect Ravi Kumar, Cited The EC’s Instructions on the Routine Preparation and Revision of Electoral Rolls to argue that is the Commission had established “clear safuguards” to prevent the ineligible parsons.
However, in the same affidavit, the jharkhand ceo also underlined the limits of an electoral registration officer’s (ERO’s) Powers to Question or Initize in an invidual CITIZEFIP – especily Any Credit Allegation and the Existence of Legitimate Government-Issued Documents. ” The affidavit said that in case of any double regarding an applicant’s citizenship, the Ero Could consult the ministry of Home affair (Mha) Before making a decision, and cashe of an objection filed in the form of the form of 7, the burd. Proof initially lay with the objector.
The High Court was hearing a case fileed by danyaal danish, a jharkhand resident and BJP worker, who south action against alleged illegal immigration from Bangladesh. In August 2024, The Court had asked the union and state government entities concerned to file affidavits on the steps take to deal with the issue.
The Ceo’s affidavit provided a detailed explanation of the processes followed by eros, while underlining that is the union government, through the mha, that can determine citizenship.
“… It is responsively submitted that the elections of India has formulated Elaborate Provisions Regarding Entry of Names Preparation of Electoral Roll, And Deletion of Names on Objections On Obz. Have been injured in the elections laws and manual, “The affidavit said.
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Ceo Said the Commission had established “Clear Safeguards” to prevent That an applicant is an Indian citizen. On the documents that the ero can rely on, the manual say, thousand there is no standard and uniform document, an illustrative list of documents that “Could” be composed to comprises “Nation of Citizens, Kerere. Citizenship Certificate Issued by a Competent Authority, a Valid Passport is issued by Government of India and Birth Certificate. “
The Affidavit Further Said that in case of any double, the eero should refer the matter to the material to determine as per the citizenship act. In case of an objection to an elector on the rolls, it has to be filed in a form 7. of India, the proof initially Lie on the Objector Burden of Proof… The Electoral Registration Officer The Person Concerned, To Show. Citizen of India, “The affidavit said.
Importantly, The Affidavit Said: “In the Absence of any credit allegation and the existence of legitimate government-Issued Documents, The Ero’s authority to Question or Initrate Ento an an endividul’s Citizees. Restricted… Manual on electoral rolls to [refer to] The authorities that is issuance that certificate. This is another effective mechanism prescribed for dealing with the issue of illegal migration. “
In this case, the CEO Said, the petitioner had not filed any form 7, and case anywhere filed in the future, the ero would take actions after Due Inquiry. The affidavit, However, did mention that district election office-cum-deputy commissioner of sahibganjjjjjjjjjjjjjj Had a complaint on August 27, 2024, from Kartik Kumar Saha, Former Bjp Destrict Press, Alleg. 71 Electors who had epic cards were allegiously Bangladeshis and therefore ineligible to be on the rolls.
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When reached for comment on the complaint, the jharkhand ceo declined to comment, saying the matter was sub-judice. The District Election Officer-Cum-Depute Commissioner of Sahabganj, Hemant Sati, Said an Inquiry had been conducted introduced into the allegations leveled against He said all the electors concerned had been living in the state for 30-40 years and were found to have valid government documents like aadhaar cards. Many Had even availed benefits of government schemes like PM awas yojana.
While hearing the petition last year, the high court had asked the deputy commissioners of six districts – Godda, Jamtara, Pakur, Dumka, Sahibganj and Deoghar – Far “Major of Infiltors” Wire Reported. Submit affidavits Giving Details of Such Individuals “After going through their aadhaar cards, voter cards and by comparing with the record of Rights to establish their residency in the other which falls under. Region ”, as Per a September 20, 2024 order.
Barring sahibganj, all dcs disputed the allegation that illegal immigrants were present in their districs. The court had then asked the state and union governments to form a fact-finding committee, which was challenged by the jharkhand government in the support. The matter is pending in both the supreme court and the high court.
As per the Ec’s June 24 order, all 7.8 crore existing electors in Bihar must fill out out of enumeration forms by July 25 to be round in the draft Roll, which scheduled for publication on a august 1. Added to The Rolls After January 1, 2003 – The Last Intensive Revision – Are Required to Submit Documents to Establish their Eligibility, Insluding Proof of Citizenship.
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Opposition parties and civil social groups have raised concerns that the exercise Could disenfranchise genuine electors. The Ec’s Decision to Conduct the sir has been challenged through multiple petitions in the supreme court, which has asked the Commission to file its response by July 21.