A two-judge bench comprising Justices Sudhanshu Dhulia and Joymalya Bagchi took note of submissions made by a team of senior lawyers led by Kapil Sibal, appearing on behalf of several petitioners, and agreed to list the matter for hearing on Thursday.
NEW DELHI: The Supreme Court on Monday agreed to hear on July 10 a batch of petitions challenging the Election Commission's decision to conduct a Special Intensive Revision (SIR) of electoral rolls in poll-bound Bihar.
A two-judge bench comprising Justices Sudhanshu Dhulia and Joymalya Bagchi took note of submissions made by a team of senior lawyers led by Kapil Sibal, appearing on behalf of several petitioners, and agreed to list the matter for hearing on Thursday.
Appearing for RJD MP Manoj Jha, Sibal urged the apex court to issue notice to the Election Commission, arguing that it is impossible to complete the exercise within the prescribed timeline, especially with elections expected in November.
Senior advocate Abhishek Manu Singhvi, representing another petitioner, pointed out that out of approximately eight crore voters in the state, around four crore would need to submit documents under the SIR process. “The timeline is so strict that if you don’t submit the documents by July 25, your name will be deleted,” he warned.
Senior advocate Gopal Sankaranarayanan, also representing one of the petitioners, submitted that EC officials were not accepting Aadhaar and voter ID cards as valid documents for the exercise.
Justice Dhulia observed that the current timeline lacks legal sanctity, as elections have not yet been officially notified. The court asked the petitioners to serve advance copies of their pleas to the counsel for the Election Commission of India.
Several petitions, including those filed by RJD MP Manoj Jha, Trinamul Congress MP Mahua Moitra, civil society groups, and activists like Yogendra Yadav, have challenged the EC's June 24 order, which directed the SIR to be undertaken in Bihar.
In his plea, Jha urged the court to quash the EC's order, terming it violative of Articles 14 (equality), 21 (right to life), 325 and 326 (voting rights) of the Constitution. He alleged that the SIR is being misused as a tool for institutionalised disenfranchisement, disproportionately targeting Muslim, Dalit, and migrant communities, amounting to “engineered exclusions.”
He further sought a direction to conduct the upcoming Bihar Assembly elections using the existing electoral rolls. Jha contended that the EC initiated the SIR without consulting political parties and emphasised that the process has been launched first in Bihar, despite the EC's claim of a nationwide rollout.
According to the plea, the EC’s order requires voters to submit enumeration forms within 30 days, with claims and objections to be filed and resolved in the following 30 days. Jha argued the process is “discriminatory, unreasonable, and manifestly arbitrary,” and said it would effectively disenfranchise crores of voters, depriving them of their constitutional right to vote.
He also pointed out that the exercise is being carried out during the monsoon season, when many areas in Bihar face flooding and displacement, making it difficult for people to participate in the process. One of the most affected groups, he said, is migrant workers, many of whom are listed in the 2003 voter rolls but are unlikely to return within 30 days to complete the required formalities.
TMC MP Mahua Moitra also filed a petition challenging the EC's order and sought a direction to restrain the poll body from issuing similar SIR orders in other states.
A similar plea has been filed by the Association for Democratic Reforms (ADR), and multiple civil society groups, including PUCL, have approached the court against the EC’s move.
The EC issued the June 24 directive for the SIR in Bihar, citing reasons such as rapid urbanisation, high migration, an increase in eligible young voters, non-reporting of deaths, and the inclusion of illegal foreign nationals. The last such revision in Bihar was conducted in 2003.
Meanwhile, a joint petition has also been filed by leaders from several Opposition parties, including the Congress, NCP (Sharad Pawar faction), Shiv Sena (UBT), Samajwadi Party, JMM, CPI, and CPI (ML).
The case is now set for hearing on Thursday, July 10.
