Supreme Court to hear various petitions challenging Bihar electoral rolls revision on July 10

The Supreme Court of India today agreed to hear on Thursday July 10th, the various petitions filed before it challenging the order and communication dated 24 June, 2025 issued by the Election Commission of India (ECI) directing for Special Intensive Revision of Electoral Rolls in Bihar (SIR Order).

A mentioning for urgent hearing was made before a bench of Justices Sudhanshu Dhulia and Joymalya Bagchi by Senior Advocate Kapil Sibal.

As per the impugned Order the ECI has decided to begin the Special Intensive Revision (SIR) in the entire country for the discharge of its constitutional mandate to protect the integrity of the electoral rolls.

Moreover, since the General Elections to the Legislative Assembly in the State of Bihar is expected in later part of this year, the Commission has decided to conduct Special Intensive Revision in the State of Bihar first. It has further said that the schedule for the Special Intensive Revision in the rest of the country shall be issued separately in due course.

ECI accordingly conveyed instructions to the Chief Electoral Officer Bihar, Patna to carry out Special Intensive Revision (SIR) exercise of the electoral rolls in Bihar.

The petition filed by Association for Democratic Reforms and a few others has challenged the ECI's order for being in violation of Articles 14, 19, 21, 325 and 326 of the Constitution of India as well as provisions of Representation of People’s Act, 1950 and Rule 21A of the Registration of Electors Rules, 1960.

"The SIR order dated 24.06.2025 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 basic structure of the Constitution", the plea states.

It is ADR's case that 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 Bihar make this exercise bound to result in removal of names of lakhs of genuine voters from electoral rolls leading to their disenfranchisement.

ECI has shifted the onus of being on the voters’ list from the State to citizens as it has excluded identification documents such as Aadhar or ration cards which further make marginalised communities and the poor more vulnerable to exclusion from voting, the plea states.

Calling the SIR of Bihar or any other state of country a positive step, ADR's petition states that the manner in which ECI has directed the conduct of SIR in a poll bound state like Bihar, has raised questions from all stakeholders, particularly the voters.

Notably, Trinamool Congress MP Mahua Moitra has also approached the Supreme Court against the ECI orders on revision of Bihar's electoral rolls and sought a direction to restrain Election Commission of India from issuing similar orders for Special Intensive Revision of Electoral Roll in other states of the country as well. "The impugned SIR order requires the inclusion or retention of a voter's name in the electoral roll upon production of citizenship documents, including proof of citizenship of either or both the parents, failing which the voter is at risk of exclusion. This requirement is ultra vires Article 326 and introduces extraneous qualifications not contemplated by the Constitution or the RP Act 1950.", her plea states.

Politician Yogendra Yadav has also approached the court with a petition seeking urgent stay on the 24 June order mandating de novo voter roll preparation in Bihar. Yadav has submitted that the exercise will lead to disenfranchisement of a substantial chunk of voters in a State marred by poor documentation on account of illiteracy, poverty, migration and lack of resources.

Rashtriya Janata Dal (RJD) MP, Manoj Jha has also approached the Supreme Court challenging the revision of electoral rolls in Bihar ahead of the 18th Assembly elections. Alleging that the process is arbitrary and violative of Articles 14, 21, 325, and 326 of the Constitution, the petitioner has sought urgent judicial intervention to prevent mass disenfranchisement, particularly of marginalized communities in the state.

The petition filed through AOR Fauzia Shakil seeks quashing of the ECI's June 24, 2025 order initiating the SIR, and its subsequent clarification dated June 30, 2025.

Alternatively, Jha has prayed that the upcoming Bihar elections be conducted on the basis of existing electoral rolls, or that the Commission be directed to accept documents listed in Form 6 of the Registration of Electors Rules, 1960, as valid proof of eligibility.

Citing Bihar's socio-economic vulnerabilities, Jha's petition notes that the state, with nearly 7.9 crore registered voters, has the country’s lowest literacy rate (61.8%) and per capita income (only 30% of the national average). It also records the highest inter-state migration, with over 9.3 million people migrating between 2001 and 2011.

Case Title: ASSOCIATION FOR DEMOCRATIC REFORMS & ORS vs. ELECTION COMMISSION OF INDIA