After DMK, CPI(M) also moves Supreme Court against Tamil Nadu SIR

The Election Commission of India's decision to conduct an SIR is termed to be arbitrary, illegal and unconstitutional.

Update: 2025-11-10 09:27 GMT

A writ petition challenging the constitutional validity of the Special Intensive Revision of the Electoral Roll in Tamil Nadu has been filed before Supreme Court.

The Communist Party of India (Marxist) has also approached the Supreme Court challenging the constitutional validity of the Special Intensive Revision (SIR) in Tamil Nadu. The petition filed by Secretary of the CPI(M) Tamil Nadu State Committee, P. Shanmugam, seeks to quash the ECI's order dated 27 October 2025, which has mandated completion of the SIR exercise within a month.

Court has been told that he SIR has no statutory basis and amounts to a “colourable exercise of power” by the Election Commission. The petition asserts that while Article 324 gives the ECI powers of superintendence, it cannot override the legislative framework laid down under the Representation of the People Act, 1950 (ROPA) and the 1960 Rules.

Notably, on November 7, the Supreme Court had also agreed to hear a plea filed by the Dravida Munnetra Kazhagam (DMK) challenging the Special Intensive Revision (SIR) of electoral rolls ordered by the Election Commission of India (ECI) in Tamil Nadu. The matter is slated for hearing on Tuesday, i.e. November 11. It was mentioned before a bench led by CJI BR Gavai.

The order of ECI dated October 27, 2025 has directed for an SIR to be conducted in various States and Union Territories such as the Andaman and Nicobar Islands, Chhattisgarh, Goa, Gujarat, Kerala, Lakshadweep, Madhya Pradesh, Puducherry, Rajasthan, Uttar Pradesh, West Bengal and the State of Tamil Nadu.

The SIR orders based on the order and guidelines issued on 24.06.2025 of the Election Commission of India if not set aside, can arbitrarily and without due process disenfranchise lakhs of voters from electing their representatives, thereby disrupting free and fair elections and democracy in the country, which are part of the basic structure of the Constitution, Supreme Court has been told.

"The documentation requirements of the directive, lack of due process as well as the unreasonably short timeline for the said Special Intensive Revision of Electoral Roll in the State of Tamil Nadu further make this exercise bound to result in removal of names of lakhs of genuine voters from electoral rolls leading to their disenfranchisement", the petition adds.

Filed by RS Bharathi, Organizing Secretary, Dravida Munnetra Kazgham (DMK), the petition argued that the timeline for the SIR is also unrealistic and arbitrary with Booth Level Officers having to conduct house to house enumeration, being required to repeatedly follow up with persons not available, help people fill up their forms, and make recommendations over a span of two months.

Court has also been informed that a Special Summary Revision (SSR) was conducted in the State of Tamil Nadu between October 2024 to January 6, 2025 which addressed issues such as migration, death and deletion of ineligible voters and the existing electoral roll in Tamil Nadu was updated and published on January 6, 2025 under Special Summary Revision and has been continuously updated since then.

Apex Court is also seized of a batch of petitions challenging the SIR is Bihar. Supreme Court has listed the Bihar SIR matter for hearing on November 11 at 11 AM after Advocate Prashant Bhushan sought urgent listing, citing concerns over the Election Commission of India’s (ECI) refusal to accept Aadhaar cards for voter verification.

On October 9, the Court had directed the Bihar State Legal Services Authority (SLSA) to ensure immediate assistance to all individuals reportedly excluded from Bihar’s final voter rolls during the Election Commission’s SIR ahead of the Assembly elections.

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