NEW DELHI – The Election Commission of India (ECI) has told the Supreme Court that it is not legally required to make a separate list of the 6.5 million names that are not on Bihar’s draft electoral rolls or to explain why they are not on the list. This affidavit is a direct reaction to a request made by the non-governmental group Association for Democratic Reforms (ADR), which is worried about the ongoing Special Intensive Revision (SIR) in the state before the assembly elections.
The ECI’s affidavit, which was filed on Saturday, says that the law simply requires the publishing of a draft roll and a time for claims and objections. It says that not being included in a draft roll is not the same as being taken off a final roll. It says that the draft is a “work-in-progress” document and that names may be missing for a number of reasons, such as enumeration forms that weren’t returned or mistakes found during house-to-house verification. The ECI made it clear that these names can still be added during the claims procedure.
The ECI’s answer pushes back against ADR’s assertions of “mass deletions” that aren’t clear, saying that the claims are “patently false and wrong.” It says that the request for a public list of voters who were left off the list, along with the reasons for each omission, is not based on the law. The Commission pointed out that the legislation merely requires that draft rolls be open to the public and given to recognized political parties.
The ECI claims it has already taken a number of efforts to fix the problem. Lists of those whose names weren’t on the draft rolls were sent to political parties that were already known. The ECI also said that anyone possessing an Electoral Photo Identity Card (EPIC) can check the progress of their enumeration form online and get help from the right Booth Level Officer (BLO).
The ECI also talked on other issues that ADR had in its filing:
The Commission made it clear that the example given by ADR of a previous disclosure of removed names was from a final electoral roll, not a draft. They also said that all of this information will be available on the final roll that comes out following the current SIR exercise.
The ECI said that the “not recommended” technique utilized by BLOs is just an administrative procedure and doesn’t mean anything. The Electoral Registration Officer (ERO) makes the final decision about whether to include a name after checking it out and, if required, holding a hearing.
Legal Action: The ECI has urged the Supreme Court to punish ADR with “heavy costs” and start contempt proceedings. They say the NGO is trying to “malign the ECI by building false narratives on digital, print, and social media.”
The debate has also become political. The Opposition INDIA group, which includes leaders like Tejashwi Yadav, says that the process is meant to keep people from voting who are already having a hard time. They have asked for a separate list of removed names to be made public so that others can look at it. Union Home Minister Amit Shah, on the other hand, has defended the SIR procedure. He said that it is vital to remove “infiltrators” off the voter lists and that the opposition is against the change to safeguard its “vote bank.”
The ECI had already promised the Supreme Court in a different affidavit that no eligible voter in Bihar would be taken off the books without prior notice, a hearing, and a reasoned order. On August 12, the case will be heard again.