SC Seeks ECI’s Reply on Alleged Lack of Transparency in Bihar Voter Deletions After Special Revision
During a mentioning, Court asked ECI to reply by Saturday to claims of non-disclosure in Bihar’s draft voter roll, where 65 lakh names were dropped without full details on migration or death grounds;
The Supreme Court on Wednesday heard an urgent interim application in the ongoing case concerning the Special Intensive Revision of electoral rolls in Bihar, with serious concerns raised about the omission of over 65 lakh names from the draft rolls.
Appearing for the petitioners, Advocate Prashant Bhushan argued that while the draft roll indicates a massive deletion of names, it lacks transparency. “There is no public list of the 65 lakh omitted voters. It simply states that 32 lakh have migrated, but offers no supporting details,” Bhushan submitted.
He further pressed for the disclosure of constituency-wise data identifying who has been marked dead, migrated, or deleted on the recommendation of Booth Level Officers (BLOs).
Bhushan also pointed out that this level of disclosure has so far been made available only for two constituencies. “What about the rest of the state?” he asked.
The Bench headed by Justice Surya Kant, noted that under the Election Commission's Standard Operating Procedure (SOP), representatives of political parties are supposed to be informed of such deletions.
Bhushan then raised further concerns about the authenticity of the additions to the roll: “As per our information, more than 75% of those whose names have been included did not submit any of the 11 required documents. Yet BLOs made inclusion and exclusion recommendations.”
Justice Kant asked the counsel to share a copy of the interim application and observed, “We’ll ensure every voter who is likely to be affected gets the required information.”
Counsel for the Election Commission of India (ECI) stated that relevant information had already been shared with political party representatives.
Justice Kant directed, “Just say all this in your reply. Also submit a list of political parties who were supplied with the data.”
The Court directed the ECI to file its reply by Saturday, allowing Bhushan time to examine the contents before the next hearing. “We’ll assess what has or hasn’t been disclosed,” Justice Kant noted.
The matter is now listed for further hearing on August 12.
Notably, on July 29, the Court had said it will closely monitor the ongoing Bihar Electoral Rolls, provided the petitioners are able to produce even 15 persons who have been excluded from the rolls. Justice Bagchi had observed that had the SIR not taken place, the electoral rolls as of January 2025 would have been the base list. “Now that the ECI is publishing a revised draft, your concern is that about 65 lakh voters might be missing. We are monitoring this as a judicial authority. If there is mass exclusion, we will step in. Just bring 15 living people who have been left out,” Justice Bagchi had told the petitioners.
On July 28, the Supreme Court reiterated its stance that it was not going to stay the SIR of electoral rolls in Bihar. "There should not be mass exclusion.. we want mass inclusion", a Justice Surya Kant led bench further told the Election Commission of India.
Recently, Association for Democratic Reforms told the Supreme Court of India that Election Commission of India has given no valid reason for exclusion of Aadhar, EPIC and Ration Card from the list of documents which can be submitted during the Special Intensive Revision of Electoral Rolls being carried out in Bihar.
Earlier, the ECI had told the Supreme Court that Aadhaar, Electoral Photo Identity Cards (EPIC), and ration cards cannot be accepted as valid proof of citizenship during the ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar. In a detailed affidavit filed in response to petitions challenging the revision drive, the Commission had emphasized that these documents lack legal sanctity for determining citizenship and thus cannot be relied upon to validate voter eligibility.
The affidavit was submitted in a batch of petitions led by NGO Association for Democratic Reforms (ADR), marks a significant legal moment in the debate surrounding the intersection of identity documentation and electoral rights.
On July 10, the Apex Court had allowed the Election Commission of India (ECI) to proceed with its Special Intensive Revision (SIR) of electoral rolls in Bihar but directed that documents like Aadhaar, EPIC voter ID cards, and ration cards should also be considered in the process. The ECI, however, clarified that Aadhaar cards, while widely used for welfare and identification purposes, are not evidence of Indian citizenship. Referring to the statutory disclaimer attached to every Aadhaar card, the Commission pointed out that Aadhaar is only an identity document and explicitly not a citizenship certificate.
Case Title: Association for Democratic Reforms & Ors v. Election Commission of India & Anr.
Mentioning Date: August 6, 2025
Bench: Justice Surya Kant, Justice Ujjal Bhuyan and Justice NK Singh