The plea argued that "lack of due process" and "unreasonably short timeline" may result in the removal of the names of lakhs of genuine voters.

The Association for Democratic Reforms has filed a petition in the Supreme Court, challenging the Election Commission's direction for a special intensive revision (SIR), of electoral rolls in Bihar, which is scheduled to go for polls later this year.

On June 24, the Election Commission of India issued instructions to carry out an SIR in Bihar, apparently to weed out ineligible names and ensure only eligible citizens are included in the electoral roll.

The ADR’s plea stated as per estimates over 3 crore voters and more particularly from marginalized communities (such as SC, STs and migrant workers) could be deprived of their voting rights due to the stringent requirements as mentioned in the SIR order.

“That 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”, it added. The ADR’s plea sought a direction to set aside the order and communication dated June 24, issued by the ECI directing for SIR of electoral rolls in Bihar.

The plea argued that it was in violation of Articles 14, 19, 21, 325 and 326 of the Constitution, as well as provisions of the Representation of People’s Act, 1950 and Rule 21A of the Registration of Electors Rules, 1960.

“The SIR order dated June 24, 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 plea, filed through advocate Prashant Bhushan.

The plea argued that the documentation requirements of the directive, lack of due process as well as the unreasonably short timeline for the 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.

“That the order dated June 24, issued by ECI 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”, argued the plea.

The plea contended that 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.

It submitted that ECI has issued an unreasonable and impractical timeline to conduct SIR in Bihar 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 directive may preclude them from being able to supply the same within the time period”, added the plea.

The plea said that 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.

“The manner in which ECI has directed the conduct of SIR is illegal, arbitrary, and has raised questions from all stakeholders, particularly the voters. Moreover, 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", said the plea.

It added, "Thus, there is no reason for such a drastic exercise in a poll bound state in such a short period of time, violating the right to vote of lakhs of voters”, said the plea, insisting on striking down order and communication dated June 24, for SIR of electoral roll in Bihar as issued by the ECI.