ECI Tells Supreme Court Only Indian Citizens Enrolled in Bihar Voter List, Rejects Allegations of Foreign Infiltration

The response came through a detailed counter-affidavit filed by Deputy Election Commissioner Sanjay Kumar, who clarified that the Commission has consistently adhered to constitutional and statutory safeguards under the Representation of the People Act, 1950. The affidavit was submitted in response to an interlocutory application in W.P.(C) No. 640/2025.

Kumar emphasized that the ECI has already implemented all Supreme Court directions regarding the inclusion of identity documents, including Aadhaar, for the purpose of verifying the identity of voters. “Aadhaar is being used solely as proof of identity and not as evidence of citizenship. The statutory mandate under the RP Act, 1950, is being fully complied with to ensure that only eligible Indian citizens participate in the electoral process,” the affidavit stated.

The affidavit addressed the claim in the plea that “illegal infiltrators” could influence the polity and policy of the country. The ECI stated that its Special Intensive Revision (SIR) of the Bihar voter list includes stringent verification measures to prevent such occurrences. Detailed instructions were issued on September 9, 2025, to the Chief Electoral Officer of Bihar, directing all district and election officers to strictly follow the prescribed verification procedures. These instructions were also uploaded on the ECI’s official website to ensure transparency and public accountability.

The Commission also noted that the Enumeration Form under the SIR order provides a field to submit Aadhaar numbers for identity verification, reinforcing the integrity of the voter list. Any refusal or non-compliance in accepting Aadhaar for this purpose is treated seriously. Additionally, the UIDAI has clarified under Section 9 of the Aadhaar Act, 2016, that Aadhaar numbers are not proof of citizenship or domicile.

The ECI’s affidavit asserts that the Commission is fully conscious of its responsibility to maintain a pure and accurate electoral roll. “The Commission ensures that only eligible voters as defined under Article 326 of the Constitution, Indian citizens aged 18 or above and meeting residency requirements, are enrolled. All safeguards are in place to prevent any inclusion of non-citizens,” the affidavit added.