New Delhi: The Supreme Court has received confirmation from the Election Commission (EC) that no voter's name will be removed from the draft electoral roll in Bihar without prior notification, allowing individuals the chance to be heard and providing a reasoned explanation.
The EC clarified that it is not mandated by law to create or disclose a separate list of individuals excluded from the draft electoral rolls, nor is it required to explain the reasons for their non-inclusion.
In an additional affidavit submitted to the Supreme Court, the EC revealed that the recently released draft electoral rolls for Bihar include 7.24 crore voters, but over 65 lakh names have been omitted, citing reasons such as death or migration.
The EC also responded to a petitioner's request for a comprehensive list of assembly constituency and booth-wise details of the approximately 65 lakh voters whose enumeration forms were not submitted, along with explanations for their non-submission.
A bench led by Justice Surya Kant is currently reviewing the petitions challenging the EC's Special Intensive Revision (SIR) of electoral rolls in Bihar.
According to the EC's affidavit, the first phase of the SIR was completed, and the draft electoral roll was published on August 1.
The EC emphasized that, as a policy, no voter's name will be deleted from the draft electoral roll published on August 1, 2025, without: (i) prior notice to the elector regarding the proposed deletion and its grounds, (ii) an opportunity for the elector to be heard and present relevant documents, and (iii) a reasoned order from the competent authority.
These measures are supported by a robust two-tier appeal system outlined in the relevant regulations, ensuring that every elector has adequate recourse against any negative actions.
To prevent wrongful deletions from the draft rolls, the EC has issued strict guidelines prohibiting deletions without notice and a reasoned order from the appropriate authority, along with provisions for appeals under Section 24 of the Representation of the People Act, 1950.
The EC is committed to ensuring that no eligible voter is excluded from the electoral roll.
In its separate response, the EC stated, "The statutory framework does not require the respondent (EC) to prepare or share any separate list of names of individuals not included in the draft electoral rolls, nor to publish reasons for their non-inclusion."
The EC clarified that the exclusion of a name from the draft electoral roll does not equate to the deletion of an individual from the electoral rolls.
The draft roll merely indicates that the enumeration form for existing voters was received during the enumeration phase.
However, due to human involvement in this extensive process, there is always a chance that errors or inadvertent exclusions may occur.
Prior to the draft electoral roll's publication, the EC instructed the Chief Electoral Officer (CEO) and others to provide political parties with a booth-level list of individuals whose enumeration forms were not received for any reason, seeking their assistance in reaching out to these individuals.
The EC accused the petitioner of attempting to discredit the commission by spreading false narratives across various media platforms.
The EC urged the court to impose significant costs on the petitioner for misleading the court.
Following the publication of the draft rolls, political parties were provided with an updated list of voters not included in the draft roll to facilitate outreach efforts.
The EC noted that political parties acknowledged receipt of this list.
In response to claims made by the petitioners that individuals excluded from the draft roll have no recourse, the EC referred to the detailed guidelines of the SIR order dated June 24, which allows for the inclusion of individuals whose enumeration forms were not submitted within the specified timeframe.
On August 6, the Supreme Court instructed the EC to provide details by August 9 regarding the approximately 65 lakh voters omitted from the draft electoral rolls.
The NGO 'Association For Democratic Reforms', which has challenged the EC's June 24 order regarding the SIR of electoral rolls in Bihar, has submitted a new application requesting the publication of names of around 65 lakh voters who were excluded, along with indications of whether they are deceased, have permanently migrated, or were excluded for other reasons.
