Can't be directed to hold SIR at regular intervals: ECI to SC
New Delhi, Sept. 14 -- The Election Commission of India (ECI) has told the Supreme Court that it cannot be judicially directed to carry out special intensive revisions of electoral rolls across the country at fixed intervals, insisting that such decisions fall exclusively within its constitutional and statutory domain.
In an affidavit filed late on Friday, the poll body maintained that Article 324 of the Constitution, read with provisions of the Representation of the People Act, 1950, and the Registration of Electors Rules, 1960, vest the authority to prepare and revise electoral rolls solely with the Commission.
"The ECI has complete discretion over the policy of revision to the exclusion of any other authority," the affidavit said, adding that any judicial mandate to conduct special intensive revisions at regular intervals would amount to encroaching upon its plenary powers.
The affidavit came in response to a public interest litigation by advocate Ashwini Kumar Upadhyay, who has sought court directions to mandate special revisions throughout the country, particularly ahead of parliamentary, assembly, and local body elections, to ensure that only Indian citizens decide the polity and policy, and not "illegal foreign infiltrators."
Upadhyay's petition was last taken up by a bench led by Justice Surya Kant on September 8, when the court ordered that Aadhaar must be accepted as the twelfth valid document for inclusion in Bihar's electoral rolls during the ongoing special intensive revision, intervening after complaints that election officials were refusing to recognise it despite earlier directions. The bench had turned down the ECI's reservations against formally adding Aadhaar to its list of approved identity proofs. P6...
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