SC allows Bihar electoral roll revision, asks EC to consider these 3 documents
The apex court questioned the timing of the exercise besides offering its prima facie view that Aadhaar card, voter ID card and ration cards could be considered
The Supreme Court on Thursday (July 10) allowed the Election Commission of India to continue with its Special Intensive Revision (SIR) of electoral rolls in Bihar, calling it a "constitutional mandate".
A bench of Justices Sudhanshu Dhulia and Joymalya Bagchi, however, questioned the timing of the exercise besides offering its prima facie view that Aadhaar card, voter ID card and ration cards could be considered during the SIR in Bihar.
Also read: Electoral roll revision ‘conspiracy’ to steal Bihar polls like Maha: Rahul
"We are of the prima facie view that Aadhaar cards, voter ID cards and the ration cards be allowed in the special intensive revision of electoral rolls,” it said.
Timing under scanner
The bench said it was not doubting the credentials and sincerity of the election commission in carrying out the exercise, which was a constitutional mandate, but said the timing of the process was raising doubts.
"We are not doubting your sincerity, but there are perceptions. We are not thinking of stopping you because it is a constitutional mandate," the bench told senior advocate Rakesh Dwivedi, appearing for the poll panel.
Question of citizenship
“This is a very important issue and goes to the very root of democracy... [the petitioners] are not only challenging the powers of the EC but also the procedure...,” the court said.
In its reply, the EC told the court that citizenship is required to be checked for being a voter in India under Article 326 of the Constitution.
Also read: EC defends Bihar voter list revision, calls it inclusive
To this, the top court asked the poll body if the issue of citizenship was its prerogative instead of the Home Ministry’s.
Next hearing on July 28
Noting that none of the petitioners, including leaders of 10 Opposition parties, prayed for an interim stay of the poll panel’s exercise, the bench sought a response on the batch of petitions and posted the hearing on July 28. The ECI, the bench said, should file a counter-affidavit to the petitions by July 21, and rejoinders should be filed by July 28.
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