Bihar SIR row: SC asks Election Commission to upload data of voters omitted in draft list

New Delhi: In a bid to “boost voter confidence”, the Supreme Court, in an interim order passed on Thursday, directed the Election Commission of India (ECI) to upload district-wise data of about 65 lakh electors in poll-bound Bihar whose names were omitted in the draft electoral rolls following the initial phase of the Special Intensive Revision (SIR).

A bench of Justices Surya Kant and Joymalya Bagchi ordered that the details of these electors, whose enumeration forms were not submitted, should be uploaded on the official websites by Tuesday (August 19), along with the reasons such as death, permanent migration, duplication, or being untraceable.

The information uploaded on the websites of the District Electoral Officers and the Chief Electoral Officer of Bihar should be searchable using EPIC (Electors Photo Identity Card) numbers, added the Justice Surya Kant-led Bench.

It said that the poll body would give wide publicity to the list uploaded on the official websites through newspapers, electronic, social media and other means of communication.

Further, the apex court also directed the ECI to specify in public notices that excluded individuals, when submitting their claims for inclusion in the final list, may also furnish their Aadhaar cards.

The directions were passed by the bench while hearing a batch of pleas challenging the June 26 order issued by the ECI directing SIR in Bihar.

The Association for Democratic Reforms (ADR) had moved an application before the top court seeking two directions directions to the poll body: first, to publish a constituency and booth-wise list of omitted electors with reasons such as death, permanent migration, duplication, or being untraceable; and second, to disclose the names of electors whose enumeration forms have been “not recommended” by the Booth Level Officers (BLOs).

In an affidavit filed before the Supreme Court, the ECI opposed the ADR’s application, stating that the statutory scheme under the Representation of the People Act, 1950, and the Registration of Electors Rules, 1960, does not mandate creating or publishing such a list.

The poll body said that it was not required to prepare or share any separate list of names of people not included in the draft electoral rolls, or publish the reasons for non-inclusion of anyone in the draft electoral rolls for any reason.

It added that any eligible voter whose name is missing can file Form 6 along with a declaration to lodge a claim for inclusion in the draft electoral rolls during the claims and objections period, i.e., between August 1 and September 1.

The above process implicitly indicates that the applicant is not deceased, permanently shifted, or untraceable, the poll body said.

As per the ECI, exclusion of a name from the draft rolls is not equivalent to deletion from the electoral rolls. “The draft roll simply shows that the duly filled enumeration form of existing electors has been received during the enumeration phase,” it submitted.

–IANS