NEW DELHI: The Supreme Court on Monday refused to stay the Election Commission from publishing draft voters list on August 1, 2025 after the special intensive revision (SIR) exercise in Bihar. It also reiterated and asked the EC to complete the process of considering Aadhaar and Voter ID cards for their statutory correctness to prove the identity of voters.
During the hearing, a two-judge bench of the top court of Justices Surya Kant and Joymalya Bagchi made it clear that the court can strike down the entire process if any illegality is found.
Senior advocate Gopal Sankaranarayanan, appearing for the NGO Association for Democratic Reforms (ADR), one of the petitioners, sought the court's intervention and a direction to stop the notification of the draft list. He also alleged in his submissions that the EC was not considering the suggestion made by the top court in the last hearing on July 10 on including Aadhaar, Electoral Photo Identity Card, and ration cards as valid documents.
But the court, did not allow it and refused to stay the publication of draft list. The court, however, said, it will examine the case in a detailed manner.
Justice Kant said the hearing could not continue as he was to attend a meeting for administrative purposes with the CJI today at 1.15 pm. Thereby, it asked the petitioners' counsel to inform about the tentative time they required for concluding arguments in the matter.
Opposing the submissions of the petitioners, senior lawyer Rakesh Dwivedi, appearing for the EC, said reservations have been expressed over those documents in the counter affidavit. He also said so many fake ration cards have been issued.
The court, however, suggested to consider these three documents -- Aadhaar card, Electoral Photo Identity Card issued by the Election Commission, and the ration card -- to complete the process.
Earlier on July 10, the apex court's two-judge vacation bench, headed by Justice Sudhanshu Dhulia and Justice Joymalya Bagchi, in its last order -- while refusing to stay the Bihar voter list revision -- asked the ECI to complete the process.
"In our prima facie view, since the list is not exhaustive, in our opinion, it will be in the interest of justice, the ECI will also consider the Aadhaar card, Electoral Photo Identity Card issued by the Election Commission and the ration card," the bench had said.
The apex court on July 10 had passed the direction after hearing a batch of petitions challenging the decision of the ECI to undertake the SIR of electoral rolls in poll-bound Bihar.
On Monday, July 21, the ECI had told the top court that 90 per cent electors already submitted enumeration forms. "Apart from ensuring no one is left out from the list, special focus on poor, marginalised etc is being given."
The ECI also defended, in its affidavit, the Aadhar's exclusion from list of 11 documents, saying it doesn't help in screening eligibility of voter under Article 326. It, however, maintained that the list of documents was indicative not exhaustive.
The ECI said the SIR Survey was being done after concerns raised by political parties across the spectrum.
"For the first time that all the political parties have been so involved at this scale in intensive revision exercises, with all political parties appointing more than 1.5 lakh BLAs to work in tandem with BLOs, in reaching out to each eligible elector," added the affidavit of the ECI.
The ECI highlited that most of the figures quoted by the petitioners were out dated and not contemporary. Quite apart from the fact that full reports have not been annexed, the petitioners have deliberately suppressed the fact that these reports do not present contemporary facts and figures, and thus cannot be relied upon.
"Some of the Petitioners are MPs and MLAs from recognized political parties in the State of Bihar and all these political parties are assisting in the SIR exercise by providing Booth Level Agents (BLAs). While, some of the Petitioners are participating in the SIR and, at the same time, objecting here to the transparent exercise conducted by the ECI. These facts were within the knowledge of Petitioners but not disclosed before this court, and have been deliberately suppressed," the ECI said.
The Commission further submitted that all the political parties had appreciated the necessity and correctness of the exercise undertaken by the ECI and have been co-operating and participating towards the timely completion of the said exercise.
The ECI justified the SIR exercise and said Aadhaar wasn't a "proof of citizenship".
The court had earlier questioned the ECI action, as to why it started the SIR exercise of electoral rolls in Bihar so late, although, it made clear that there is nothing wrong in SIR exercise but it should have been done months before the ensuing election.
The top court was hearing the pleas filed by the NGO Association For Democratic Reforms, People's Union for Civil Liberties (PUCL), Yogendra Yadav, Lok Sabha Member of Parliament (MP) from Trinamool Congress Party, Mahua Moitra, Rashtriya Janta Dal (RJD) MP Manoj Jha, Congress Party leader K C Venugopal and Mujahid Alam.
The petitioners sought a direction from the top court to set aside the ECI’s SIR order of June, 24, 2025.
"Issue a writ, order or direction setting aside Order and Communication dated 24.06.2025 and accompanying guidelines issued by ECI to conduct SIR of the electoral rolls in Bihar as being in violation of Articles 14, 19, 21, 325, 326 of the Constitution of India and provisions of Representation of People (RP) Act, 1950 and Registration of Electors Rules, 1960," said the NGO ADR, in its plea filed in the top court.
"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 basic structure of the Constitution," said, ADR's plea, filed in the top court.