ECI Tells Supreme Court: Allegations on Bihar Voter Roll ‘False’, Lists Legal Safeguards and Early Party Outreach

The Election Commission of India (ECI) has strongly defended its handling of the Special Intensive Revision (SIR) of electoral rolls in Bihar, telling the Supreme Court that allegations by petitioner Association for Democratic Reforms (ADR) are “false, misconceived and aimed at misleading the Court.”

In a reply to ADR’s application for directions in W.P. (C) No. 640 of 2025, the ECI has laid out statutory provisions, procedural safeguards, and proactive measures it says ensure no eligible voter is excluded from the draft roll published on August 1, 2025.

1. No Legal Requirement to Publish Reasons for Non-Submission of Forms

The ECI points out that neither the Representation of the People Act, 1950 nor the Registration of Electors Rules, 1960 require the preparation or publication of a separate list giving reasons for non-inclusion in the draft roll.

Under Rules 10 and 11, draft rolls are made publicly available and copies supplied to recognised political parties. Any individual whose name is missing can file Form 6 with a declaration during the claims and objections period (August 1–September 1, 2025). The Commission argues that filing Form 6 implicitly affirms that the person is neither deceased, permanently shifted, nor untraceable, making a public “reason list” unnecessary.

2. Safeguards Built Into the Claims and Objections Process

The reply underlines that exclusion from the draft roll is not a deletion from the final roll. The statutory framework provides multiple safeguards:

• Rule 19: The Electoral Registration Officer (ERO) must give notice and state reasons at the hearing stage for any objection to inclusion.

• Rule 20: Inquiry must be conducted before a final decision.

• No Deletion Without Hearing: The ERO/AERO cannot delete a name without giving the elector an opportunity to be heard and passing a speaking order.

These measures, the ECI says, ensure transparency, accountability, and adherence to natural justice.

3. Early Sharing of “Missing Voter” Lists with Political Parties

Before the draft roll was published, the ECI directed CEOs, DEOs, EROs, and BLOs to share booth-level lists of individuals whose enumeration forms were not received, whether due to death, migration, or being untraceable, with recognised political parties.

According to Press Note No. ECI/PN/270/2025 (27 July 2025), these lists were given to BLAs and district party presidents by 20 July 2025, with a request for parties to reach out to such electors. Updated lists were later shared after noting parties’ efforts. Records of these handovers, including receipts from all 38 districts, have been annexed to the reply.

On August 7, 2025, BLOs again met BLAs at the polling station level, read out names of those not in the draft roll, and urged follow-up to secure inclusion during the claims period.

4. Public and Digital Access to Voter Status

The ECI counters ADR’s claim that excluded individuals cannot verify their status, noting that any elector with an Electoral Photo Identity Card (EPIC) can check the status of their enumeration form on the Commission’s official website. This e-facility shows whether the form has been received and provides the BLO’s contact details for assistance.

The Commission has also annexed a “status list” of individuals whose forms were not received, further demonstrating availability of information within the statutory framework.

5. Outreach and Inclusion Measures During SIR

In addition to statutory obligations, the ECI says it undertook extensive outreach to maximise inclusion:

• 2.45 lakh volunteers, many Bihar government officers, assisted electors in completing forms and obtaining necessary documents.

• Special campaigns targeted migrant workers (advertisements in 246 newspapers), urban voters (camps in all 261 urban local bodies), first-time voters (advance applications for those turning 18 by October 1, 2025), and vulnerable groups (senior citizens, persons with disabilities).

• Daily press bulletins keep the public informed on claims and objections, actions taken, and legal remedies.

The ECI accuses ADR of “deliberately making patently false and erroneous assertions” despite having been served the July 27 press note and list-sharing details on July 28. It notes that ADR can obtain the list from political parties, as acknowledged in its own application.

On ADR’s claim that the ECI has deviated from past practice of publishing deleted names, the Commission clarifies that the example cited relates to a final roll from April 2024. The final roll after the current SIR will, as always, reflect changes after claims and objections are disposed of.

The ECI also defends its “not recommended by BLO” marking system, explaining it was an administrative tool for cross-verification and had no bearing on a voter’s eligibility.

Case Title: Association for Democratic Reforms & Ors. v. Election Commission of India

Case No.: W.P. (C) No. 640 of 2025

Reply to Directions Affidavit Filed By: Sanjay Kumar, Deputy Election Commissioner

Filing Date: August 9, 2025