‘If There Is Illegality Found, Then The Entire Process Could Be Set Aside’, SC On Bihar SIR

New Delhi: The Supreme Court on Monday said if any illegality is found in the special intensive revision (SIR) of the electoral roll in poll-bound Bihar, then the entire process could be set aside.

A bench comprising justices Surya Kant and Joymalya Bagchi said it was presuming the Election Commission of India (ECI), being a constitutional authority, was following the law during the SIR in Bihar.

The bench also made it clear that it can't stop the Election Commission of India from conducting a similar exercise for revision of electoral rolls across the country.

Petitioners Express Apprehension On SIR For All States

During the hearing, senior advocate Rakesh Dwivedi, representing the ECI, urged the bench to allow the poll body to complete the entire exercise, and after its completion, the court would be able to assess the exercise better. “To have an actual assessment of how many persons were left out and then evolve a mechanism of what has to be done…”, noted the bench.

Senior advocate Gopal Sankaranarayanan, representing one of the petitioners, argued that the ECI is moving ahead in connection with the SIR as far as other states are concerned and on September 10, a meeting was conducted for all the states. Sankaranarayanan said there is no question of proceeding with other states and establishing fait accompli.

The bench observed how the court can stop the Election Commission of India from conducting a similar exercise in other parts of the country. “Once this suspense period is over. How many have been issued notice? How many of them have responded? How many of them have come forward for adjudication of their claims…”, noted the bench.

If The Bihar SIR Methodology Is Illegal, It Will Be Struck Down

Advocate Vrinda Grover, representing one of the petitioners, contended that November 22 is the date on which the Bihar assembly must be in place and if the law says that the last date for nomination is when the electoral roll has to be frozen, and the ECI’s manual is inconsistent with the statute. The bench suggested hearing the matter in the middle of October.

Grover said, "Why should I, as a citizen residing in Bihar, be denied the opportunity to vote in this election because an illegal methodology has been adopted?" Justice Kant said if any methodology is illegal, the court will strike it down and added, “We will definitely interfere…”. Senior advocate A M Singhvi, representing one of the petitioners, sought an early for a detailed hearing on the matter. “Wherever they are proposing to start the process and meanwhile, whatever judgment we deliver here that will of course apply…”, said Justice Kant.

The bench said it can fix October 7 for hearing final arguments on the validity of Bihar SIR and declined to offer any "piecemeal opinion" on the exercise.

Advocate Prashant Bhushan argued that there is a gross violation of the rules as well as ECI’s own manual, and there is virtually no transparency. The bench said that the moment it asks ECI to respond, it will give a different story, so it will have to hear both stories.

The bench said it was presuming the ECI, being a constitutional authority, was following the law during the SIR in Bihar. The bench said that in any case, if they do not follow the rules and regulations, and also their statutory and constitutional obligation, it will list the matter and begin hearing.

Issues Raised With Aadhaar As Identity Proof

The apex court refused to modify its September 8 order, where it allowed the inclusion of the Aadhaar card as the 12th document in the revision of the electoral roll in Bihar and had stressed that Aadhaar would be used only as a proof of identity.

The bench said the direction is only interim in nature and the issue of the document's validity as proof is still open in the SIR matter.

Advocate Ashwini Kumar Upadhyay urged the bench to modify its direction on the ground that Aadhaar cannot be considered as proof of citizenship and cannot be equated with the other documents accepted by the poll body.

"Driving licenses can be forged …. ration cards can be forged. Several documents can be forged. Aadhaar is to be utilised to the extent law permits," the bench said.

After hearing submissions, the bench has scheduled the matter for further hearing on October 7. The bench was hearing a batch of pleas challenging the validity of the Bihar SIR.

ECI says no assistance by political parties in filing of claims

The poll body contended para-legal volunteers filed over 3,000 online claims over the past fortnight, however the political parties and NGOs have not offered any assistance to individual voters in filing their claims and objections in the Bihar SIR exercise. The bench perused a report filed by the National Legal Service Authority (NALSA).

The bench said it was surprised with the figures and pointed out that since September 1, the para-legal volunteers, who were asked to assist the political parties and individual voters, have filed 3,311 claims/objections/corrections and out of these grievances, 1027 cases have been resolved.

"As per the information received from DLSAs, as of now 3,311 claims/objections/corrections have been filed online either by individual voters or by political parties with the assistance of PLVs (para-legal volunteers). Out of these grievances, 1027 cases have been resolved and PLVs will continue to assist the voters in this regard", said the bench.

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