ADR contends that the move contravenes the Representation of the People Act, 1950, and Rule 21A of the Registration of Electors Rules, 1960.

The Association for Democratic Reforms (ADR) has filed a petition in the Supreme Court challenging the Election Commission of India’s (ECI) June 24 directive mandating proof of citizenship as part of a Special Intensive Revision (SIR) of electoral rolls in Bihar, ahead of the upcoming assembly elections.

Filed under Article 32 of the Constitution, the public interest litigation (PIL) seeks to quash the ECI’s directive, arguing that it violates fundamental rights under Articles 14, 19, 21, 325, and 326. ADR contends that the move contravenes the Representation of the People Act, 1950, and Rule 21A of the Registration of Electors Rules, 1960.

Describing the directive as “arbitrary” and “discriminatory,” the petition alleges that it shifts the burden of proof from the state to the citizen, disproportionately affecting the rural poor and marginalized communities in Bihar.

The documentation requirements, coupled with a lack of procedural safeguards and an unreasonably short timeline, are likely to result in the large-scale removal of genuine voters from the rolls, ADR argues.

Under the SIR guidelines, individuals not listed in the 2003 electoral rolls must submit proof of citizenship. Voters born after December 2004 must also provide personal and parental documentation, including passports and visas of any foreign parent present at the time of birth.

The plea points out that in a state like Bihar—where birth registration levels have historically been low—such requirements are not only impractical but also inaccessible for vast sections of the electorate. ADR estimates that over three crore voters could be affected by the new criteria.

The petition also flags the absence of a stated rationale for the SIR, a statutory requirement under Section 21(3) of the Representation of the People Act. It highlights that a Special Summary Revision already took place between October 2024 and January 2025, during which no significant irregularities were identified.

“The timing of the exercise, coupled with the lack of justification, raises serious concerns about both the intent and the consequences of the SIR,” the petition states.

According to the ECI’s schedule, voters have until July 25 to submit the required documents. Failure to do so may result in their exclusion from the final electoral roll, which is due to be published by September 30.

Filed through advocate Prashant Bhushan, the ADR petition also seeks an interim stay on the June 24 directive and urges the court to issue appropriate directions to safeguard the voting rights of affected citizens.

It is among several petitions, including those filed by individual voters from Bihar who claim to be directly impacted by the revised guidelines.