The NGO seeks from the top court setting its direction to set aside the ECI’s SIR order of 24, June, 2025.
NGO, Association For Democratic Reforms (ADR) on Saturday moved the Supreme Court challenging the Special Intensive Revision (SIR) revision of the electoral roll in poll-bound Bihar.
The NGO seeks from the top court setting its direction to set aside the ECI’s SIR order of 24, June, 2025. "Issue a writ, order or direction setting aside Order and Communication dated 24.06.2025 and accompanying guidelines issued by Election Commission of India (ECI) to conduct Special Intensive Revision (SIR) of the electoral rolls in Bihar as being in violation of Articles 14, 19, 21, 325, 326 of the Constitution of India and provisions of Representation of People Act, 1950 and Registration of Electors Rules, 1960," said, the plea of ADR, filed in the apex court.
It added that the present Writ Petition has been filed under Article 32 of the Constitution of India.
The ADR said the communication of 24 June issued by the Respondent, ECI, directing for SIR of Electoral Rolls in Bihar was 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 (RP) Act, 1950 and Rule 21A of the Registration of Electors Rules, 1960.
"The SIR order 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," said the NGO ADR, in its plea filed in the top court.
It added that the documentation process requirements of the directive, lack of due process, as well as the unreasonably short timeline for the said SIR of Electoral Roll in Bihar, further make this exercise bound to result in the removal of names of lakhs of genuine voters from electoral rolls, leading to their disenfranchisement.
Seeking to quash the direction of ECI’s SIR order of 24, June 2025, the ADR said, the ECI, by doing so, has shifted the onus of being on the voters' list from the State to citizens.
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 Declaration as required under the SIR process is violative of Article 326 in so far as it requires a voter to provide documents to prove his/her citizenship and also citizenships of his/her mother or father, failing which his/her name would not be added to the draft electoral roll and can be deleted from the same," the ADR said.
Terming the ECI's order as unreasonable and impractical timeline to conduct SIR in Bihar, the petitioner, ADR said that with close proximity to state elections which are due in November 2025, there are lakhs of citizens (whose names did not appear in 2003 ER) who do not possess the documents as required under the SIR order.
There are many who may be able to procure the documents but the short timeline mentioned in the directive may preclude them from being able to supply the same within the time period.
"Bihar is a state with high poverty and migration rates where many lack access to documents like birth certificates or parental records. As per estimates over 3 crore voters and more particularly from marginalised communities (such as SC, STs and migrant workers) could be excluded from voting due to the stringent requirements as mentioned in the SIR order," the ADR said.
The current reports from Bihar, where SIR is already underway, show that lakhs of voters from villages and marginalized communities do not possess the documents as being sought for them, the ADR said.
The ECI's directive lacks recorded reasons supported by any evidence or transparent methodology, rendering it arbitrary and thus liable to be struck down, ADR added.
"The requirement of citizenship documents contravenes the requirement of specific grounds for deletion of names from electoral rolls (e.g., death, non-residence, or disqualification under Section 16 of RPA, 1950)," the ADR submitted.
Since 2003, five general elections and five assembly elections have taken place in Bihar with continuous addition and deletion of names in Bihar's electoral roll.
While SIR of Bihar or any other state of the country is a positive step, 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, the ADR stated further.
Moreover, a Special Summary Revision (SSR) was already conducted between October 29, 2024, and January 6, 2025, which addressed issues such as migration and ineligible voters due to death or other reasons.
Thus, there is no reason for such a drastic exercise in a poll bound state in such a short period of time, violating right to vote of lakhs of voters, the ADR added.