ADR files petition in SC against revision of elector rolls in Bihar
NEW DELHI, July 6 -- The Association of Democratic Reforms (ADR), a non-governmental organisation (NGO), has approached the Supreme Court questioning the manner and timing of the Election Commission's decision to undertake a special intensive revision (SIR) of electoral rolls in poll-bound Bihar amid a political storm over the issue.
In its public interest litigation (PIL), ADR said SIR needs to be set aside, as insisting on people to prove their citizenship and that of their parents within short notice and without relying upon easily available identity documents such as Aadhaar card will potentially disenfranchise nearly 3 crore voters.
The petition filed through Advocate Prashant Bhushan on Friday said, "The order dated June 24 issued by the ECI has shifted the onus of being on the voters' list from the state to citizens. It has excluded identification documents such as Aadhaar or ration cards, which further make marginalised communities and the poor more vulnerable to exclusion from voting, thereby undermining the constitutional right to universal adult suffrage and equality."
Terming that the timing and manner adopted by the ECI was suspect, the petition alleged that the SIR violates fundamental rights under Articles 14, 19, and 21, besides other provisions of the Constitution. It said, "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 the basic structure of the Constitution and must be preserved at all costs to ensure institutional integrity."
While the ECI has begun the exercise, Opposition parties have criticised the move, raising similar apprehensions as mentioned in the petition.
The declaration, as required under the SIR process, is violative of Article 326, the petition said, as it requires a voter to provide documents to prove his/her citizenship and also the citizenship 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.
Section 21(3) of the Representation of the People Act, 1950 (RPA) allows the ECI to direct a special revision of electoral rolls "for reasons to be recorded." While deletion of names from electoral rolls can be on grounds of death, non-residence, or disqualification mentioned under Section 16 of the RPA,
"While the SIR of Bihar or any other state of the country is a positive step, the manner in which the ECI has directed the conduct of the SIR in a poll-bound state like Bihar has raised questions from all stakeholders, particularly the voters, about its timing, intent, and possible political repercussions, especially in light of upcoming elections, prevailing social sensitivities, and the potential disenfranchisement of marginalised and vulnerable voter groups," ADR stated....
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