EC’s citizenship verification in Bihar defies SC verdicts, a fraud on voters: ADR tel
EC’s citizenship verification in Bihar defies SC verdicts, a fraud on voters: ADR tells Court
M.U.H
27/07/202544
New Delhi: The Association for Democratic Reforms (ADR) on Saturday told the Supreme Court that the Election Commission’s (EC) citizenship verification exercise in Bihar constitutes a “grave fraud” on voters and violates the apex court’s past rulings.
In its rejoinder affidavit, ADR responded to the EC’s counter filed on July 21, in which the poll body defended the Special Intensive Revision (SIR) of electoral rolls in Bihar.
The EC had claimed the exercise aimed to restore public confidence in the electoral process.
A batch of petitions challenging the Bihar SIR is scheduled to be heard by the top court on Monday, July 28, ahead of the State Assembly elections in November.
ADR, in its response, questioned the EC’s refusal to accept Aadhaar, Voter ID (EPIC), and ration cards as standalone proof of identity for inclusion in the electoral roll. It termed the stance “patently absurd.”
On July 10, a two-judge bench of the Supreme Court, comprising Justices Sudhanshu Dhulia and Joymalya Bagchi, declined to stay the revision process but directed the Commission to consider Aadhaar, EPIC, and ration card documents for verification.
The Court noted that these documents serve as foundational proof for obtaining any of the 11 documents listed by the EC for voter verification.
The EC, however, contended that Aadhaar, EPIC, and ration cards were susceptible to forgery. Disputing this claim, ADR argued that the remaining 11 documents permitted by the EC were equally vulnerable to fraudulent procurement, thereby rendering the EC’s rationale arbitrary and inconsistent.
"The situation raises serious concerns regarding transparency, accountability, and the potential for electoral fraud. Voters have expressed confusion and concern over the uploading of their details without their knowledge or involvement,” ADR said in its rejoinder, a copy of which was accessed by The New Indian Express.
ADR also alleged that the ground realities in Bihar contradicted the EC’s claims about the integrity of the process. "The reports from various towns and villages indicate that the SIR process is being carried out in a manner that is arbitrary, illegal, and in violation of the Commission’s own guidelines dated June 24," it said.
Citing media reports by senior journalists, ADR submitted that enumeration forms were being filled in the absence of voters. “Messages are being sent to individuals stating that their forms have been filled, even though they had no participation in the process. In some cases, even deceased individuals have been marked as having submitted forms,” it said.
The rejoinder also noted the lack of clear procedures for the scrutiny of forms and verification of documents. “The SIR order does not prescribe any mechanism for document verification, thereby conferring excessive and unchecked discretionary powers upon Electoral Registration Officers (EROs), risking mass disenfranchisement,” ADR submitted.
It further slammed the EC’s statistics, asserting that figures related to coverage and form submission were misleading.
“Inclusion in the draft roll is meaningless without valid document submission. The EC has not provided any sound justification for excluding Aadhaar, EPIC, and ration cards from the list of accepted documents,” the NGO added.
Apart from ADR, the petitioners in the case include the People’s Union for Civil Liberties (PUCL), activist Yogendra Yadav, Trinamool Congress MP Mahua Moitra, Rashtriya Janata Dal MP Manoj Jha, Congress leader K.C. Venugopal, and Mujahid Alam.
The petitioners have sought the quashing of the EC’s order dated June 24, 2025, which initiated the SIR process in Bihar.
“The said order is violative of Articles 14, 19, 21, 325, and 326 of the Constitution and provisions of the Representation of the People Act, 1950 and the Registration of Electors Rules, 1960,” the plea stated.
"If not set aside, the SIR order could arbitrarily disenfranchise lakhs of eligible voters without due process, thereby undermining free and fair elections—an essential part of the Constitution’s basic structure,” ADR’s petition submitted.
