PIL in Supreme Court Calls for Urgent Clean-Up of Voter Lists to Remove Illegal Entries

Upadhyay contends that illegal foreign infiltrators from countries such as Bangladesh, Pakistan, Afghanistan, and Myanmar, along with deceitful religious conversions and unchecked population growth, have drastically altered the demography of nearly 200 districts and 1,500 tehsils since Independence.

“Demography is destiny and, dozens of districts have already seen their destiny being shaped by those who aren't Indians,” the petition asserts, warning that many districts are seeing their future determined by non-citizens whose voting rights could illegitimately influence national policy.

The PIL emphasizes that the constitutional mandate of free and fair elections, guaranteed under Article 324 and the right to vote under Article 326, is at risk due to inaccuracies and illegal entries in the voter lists.

Upadhyay highlights that Section 14(1) of the Representation of the People Act mandates annual summary revisions, while Section 21(3) empowers the ECI to conduct Special Intensive Revisions to address serious irregularities when normal revisions are inadequate.

Citing national security concerns, Upadhyay argues that infiltration is not merely an immigration issue but amounts to organized crime, waging war, and treason in certain cases. He asserts that infiltrators often function as sleeper cells, engaging in anti-national activities such as terrorism, human trafficking, and smuggling, thus posing a grave threat to India’s sovereignty and integrity.

The PIL also refers to the Assam experience where a door-to-door verification exercise in 1997 led to the identification of “D-voters” (doubtful voters), whose cases were referred to Foreigners Tribunals. Upadhyay argues that similar exercises are urgently needed in Bihar, West Bengal, Jharkhand, and other states that have witnessed significant illegal infiltration, especially along porous borders.

Particularly highlighting Bihar’s Seemanchal region, the petition notes that the region has witnessed asymmetric population growth due to large-scale infiltration, resulting in demographic imbalances and socio-economic challenges. The petitioner argues that unchecked infiltration adversely impacts the poor, diverts welfare resources, disrupts the Public Distribution System, and undermines governance.

According to Upadhyay, Bihar alone has an estimated 8,000–10,000 illegal, duplicate, or ghost entries per assembly constituency, which could sway election results in constituencies with narrow victory margins. He warns that if such illegal voters are not weeded out, India risks allowing non-citizens to shape its democratic processes.

The PIL also addresses criticism of the ECI’s June 24, 2025, order to conduct Special Intensive Revision in Bihar, asserting that rather than violating constitutional rights under Articles 14, 19, and 21, the revision exercise upholds the constitutional promise of free and fair elections and protects the right to vote for genuine citizens.

Prayers 

Upadhyay has prayed for the following:

1. Direct the Election Commission of India to conduct ‘Special Intensive Revision of Electoral Rolls’ at Regular Intervals throughout the Country, particularly before the Parliamentary, State Assembly and Local Body Elections, in order to ensure that only Indian citizens decide the polity and policy, not the illegal foreign infiltrators;

2. Direct the States to take stringent steps against the panders, who facilitate and provide fake documents to illegal foreign infiltrators;

3. Pass such other direction as Court deems fit and proper.

Case Title: Ashwini Kumar Upadhyay v. Union of India