Calling the Election Commission of India's (ECI) decision, to carry out a special intensive revision (SIR) of electoral rolls in Bihar ahead of the upcoming Assembly elections, "arbitrary and undermining free and fair elections", a plea has been filed in the Apex Court challenging ECI's decision.
The petitioner, Association for Democratic Reforms (ADR), in its PIL has sought quashing of ECI's June 24 order that requires large sections of voters in Bihar to submit proof of citizenship in order to remain on the electoral rolls.
The plea contends that ECI's directive violates Articles 14, 19, 21, 325 and 326 of the Constitution and also contravenes the provisions of the Representation of the People Act, 1950 and Rule 21A of the Registration of Electors Rules, 1960. The PIL contends that if not quashed the ECI's order could arbitrarily and without due process disenfranchise lakhs of voters, undermining free and fair elections. The plea further argues that the stringent documentation requirements, absence of adequate procedural safeguards, and the unreasonably short timeline for conducting this special revision in Bihar are likely to result in the wrongful deletion of genuine voters from the rolls, effectively denying them their right to vote.
The plea further argues that by issuing the said order, the ECI has shifted the responsibility of proving eligibility to be on the electoral rolls from the State to individual citizens.
The petitioner has also submitted that by excluding common identification documents like Aadhaar and ration cards, the process disproportionately impacts marginalised communities and the poor, making them more susceptible to being left out.
Furthermore, the requirement under the SIR process for voters to furnish documents not only to prove their own citizenship but also that of their parents violates Article 326, the PIL states. It adds that failing to meet these requirements could lead to their names being excluded from the draft electoral roll or even removed altogether.
The PIL contends that the poll body has set an "unreasonable and impractical timeline" for carrying out the SIR in Bihar.
The petitioner, Association for Democratic Reforms (ADR), in its PIL has sought quashing of ECI's June 24 order that requires large sections of voters in Bihar to submit proof of citizenship in order to remain on the electoral rolls.
The plea contends that ECI's directive violates Articles 14, 19, 21, 325 and 326 of the Constitution and also contravenes the provisions of the Representation of the People Act, 1950 and Rule 21A of the Registration of Electors Rules, 1960. The PIL contends that if not quashed the ECI's order could arbitrarily and without due process disenfranchise lakhs of voters, undermining free and fair elections. The plea further argues that the stringent documentation requirements, absence of adequate procedural safeguards, and the unreasonably short timeline for conducting this special revision in Bihar are likely to result in the wrongful deletion of genuine voters from the rolls, effectively denying them their right to vote.
The plea further argues that by issuing the said order, the ECI has shifted the responsibility of proving eligibility to be on the electoral rolls from the State to individual citizens.
The petitioner has also submitted that by excluding common identification documents like Aadhaar and ration cards, the process disproportionately impacts marginalised communities and the poor, making them more susceptible to being left out.
Furthermore, the requirement under the SIR process for voters to furnish documents not only to prove their own citizenship but also that of their parents violates Article 326, the PIL states. It adds that failing to meet these requirements could lead to their names being excluded from the draft electoral roll or even removed altogether.
The PIL contends that the poll body has set an "unreasonable and impractical timeline" for carrying out the SIR in Bihar.
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