Yogendra Yadav, ADR challenge Bihar voter roll revision in Supreme Court.

In a significant development, psephologist and politician Yogendra Yadav and NGO Association for Democratic Reforms (ADR) have approached the Supreme Court of India challenging the Election Commission's Special Intensive Revision (SIR) of voter rolls in Bihar.

Yadav, in his Public Interest Litigation (PIL), filed under Article 32 of the Constitution has asked for an immediate stay on the SIR, calling it "manifestly arbitrary, unreasonable, disproportionate and unconstitutional."

Another petition, filed by ADR through advocate Prashant Bhushan, contended that SIR violates Articles 14, 19, 21, 325 and 326 of the Constitution of India as well as provisions of the Representation of the People Act, 1950 and Rule 21A of the Registration of Electors Rules, 1960.

In Detail: What Do The Petitions Say?

Both petitions raise seven main concerns regarding the poll body's exercise:

1. Violation of Law and Precedent: The PIL contends that SIR violates the Representation of the People Act, 1950 and the Electors Rules, 1960. It also claims that the exercise contradicts Supreme Court precedent in Lal Babu Hussein vs. ERO which protects continuity of existing voters.
2. Arbitrary Documentation Rules: As per poll body's circular, SIR requires 11 specific documents for verification, excluding more common ones like Aadhaar, Voter ID, Ration Card. Yadav, in his PIL, argues that most voters, especially in Bihar's rural and marginalised communities, lack these documents.
3. Mass Disenfranchisement: It claims that the process risks removal of 4.74 crore voters. Especially affects women, transgender persons, the poor, and migrants—groups with limited access to official paperwork.
4. Unrealistic Timeline: The petition also raises concerns regarding the 90-day timeline set by the ECI for completion of the exercise. BLOs and EROs are under-trained, overburdened, and lacking infrastructure.
5. Lack of Due Process: Automatic deletion violates natural justice as voters are given no hearing before removal. Voters are unaware of the process due to last-minute announcement and lack of public consultation.
6. Political Timing: The process is being initiated just 5 months before Bihar's 2025 Assembly elections. The petition argues that multiple revisions already took place in January and April 2025, making this revision seem politically motivated.
7. Nationwide Implications: The ECI has indicated that the Bihar model may be replicated across India, raising concerns of mass disenfranchisement nationally.

Background: What is the 'Special Intensive Revision'?

The ECI, in an order order dated 24 June, mandated a fresh preparation of the electoral rolls in Bihar under the pretext of a “Special Intensive Revision” (SIR).

The SIR requires all voters, including those already enrolled, to submit a new enumeration form along with documentary proof of their and their parents’ date and place of birth. The ECI has stipulated that failure to submit this form will result in automatic deletion from the electoral rolls.