Petition against SIR in TN has two core points, illegality and impracticability: NR Ilango

The Federal spoke to NR Ilango, senior advocate and Rajya Sabha MP from the DMK, who has moved the Supreme Court challenging the Election Commission’s (EC) Special Intensive Revision (SIR) of electoral rolls in Tamil Nadu.

Ilango explains why the exercise, conducted amid the monsoon and festival season, could disenfranchise voters and why he believes it violates constitutional practicality and democratic fairness.

Edited excerpts:
Why do you believe the Election Commission’s timing for the SIR exercise in Tamil Nadu is impractical?

The petition before the Supreme Court has two core points — illegality and impracticability. The timing issue falls under impracticability. The SIR process began on November 4. The exercise will be conducted until December 4. The said period is the peak monsoon season in Tamil Nadu. The state also observes multiple holidays and prepares for the Pongal during this period.

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The EC's main goal should be to ensure no eligible voter is left out and no ineligible voter is included. But expecting 100% coverage in just one month, when heavy rains and agricultural work are at their peak, would be unrealistic. The Booth Level Officers (BLOs) have to visit every household, distribute forms, collect documents, and verify details. Covering even 70 per cent would be a challenge, let alone full coverage.

What specific challenges do you foresee for field officers during this time?

The BLOs are the backbone of this exercise. They are the same frontline officers the government relies on for flood and relief work during the monsoon. Once the EC takes control of them, they no longer report to the state government, which means their hands are tied if any monsoon-related emergency, such as a flood, arises.

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Moreover, if it rains heavily, many households won’t be reachable. People working in agriculture will be away in the fields during the harvest season. How can the BLO verify their presence or collect their forms in time? The entire responsibility has been shifted to these officers, and their discretion — whether someone is dead, has relocated, or unavailable — will decide if a voter’s name stays or gets deleted. This poses a significant risk.

How does this affect the public’s ability to respond or verify their records?

The Commission expects people to fill and return forms within 30 days. Then, from December 9 to January 31, 2026, Electoral Registration Officers (EROs) will assess these forms. However, this period coincides with the Christmas and Pongal holidays — when schools, colleges, and offices are shut, and many families travel or host events.

Also Read: DMK moves Supreme Court against SIR, says it could disenfranchise lakhs

For an agrarian state like Tamil Nadu, Pongal is not just a holiday; it’s a cultural and harvest festival which lasts for around ten days in rural areas. To expect citizens to stay home for voter verification is impractical.

Do you believe it’s too late to challenge the SIR legally?

No, it’s never too late. In law, sometimes you can prevent; sometimes you can cure. We are trying to cure. Even in Bihar, where a similar SIR was carried out, the matter is still pending before the Supreme Court. There is no final order yet. The court has orally observed that if illegality is found at any point, it will quash the entire process.

The BJP and AIADMK have supported the SIR, calling it necessary to clean up voter rolls. What’s your view on that?

Every party is entitled to its viewpoint. However, DMK has never opposed voter list purification. In fact, we’ve repeatedly urged the EC since 2016 to remove dead voters. Following our representations, on May 1, 2025, the Commission itself issued a notification stating deaths will be updated automatically from the National Register of Births and Deaths. So, the system for voter roll cleanup already exists. Why bring an entirely new SIR exercise now, especially in such an impractical time frame?

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How does DMK’s approach differ from that of the AIADMK or BJP on this issue?

DMK’s stand is about democracy, not politics. Our leader’s view is clear — democracy should not merely be preached; it must be practiced. The EC should function with due regard to constitutional morality. The focus should be on protecting the rights of ordinary citizens, not on political expediency.

We have made constructive suggestions — ensuring better coordination between BLOs and BLA2s, postponing vote counting until postal ballots are declared, and translating ECI handbooks into Tamil. These were accepted by the Commission. That’s how democracy should work.

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Tamil Nadu has a large migrant workforce. How should the ECI handle their inclusion in the voter list?

Legally, a voter must be a citizen of India, aged over 18 years, and an ordinary resident of the constituency. The third requirement is particularly significant. Many migrant workers move across districts for civil or agricultural work. They are not ordinary residents of any particular constituency. BLOs have only 30 days, making it extremely difficult to verify the status of thousands of mobile workers.

This is not about denying anyone’s rights. It’s about ensuring fairness. Migrant workers can be given the option to vote in their home states through postal ballots. Even the EC is studying that model.

Critics say DMK’s stand could be seen as opposing migrants from Northern states. How do you respond?

This assertion is entirely incorrect. This is not a North-South divide issue. We want a unified India. People from any region are welcome to live and work in Tamil Nadu. Many North Indian families have been here for decades, their children study in Tamil schools, and they understand local politics. They are, therefore, legitimate voters.

But temporary migrants who relocate every few months for work are a distinct category. They don’t know local governance issues or Dravidian movement contributions in areas like education, health, or welfare. The objective is to ensure meaningful participation, not exclusion.

Also Read: Why parties in Bengal and UP are revolting over SIR 2.0 | Capital Beat

Do you think the ECI could misuse the SIR process?

There is a reasonable apprehension. In Bihar, around 65 lakh voters were deleted. Even if 32 lakh were dead or shifted, how did they determine the rest 33 lakh were ineligible — without individual inquiry or notice? The process lacked transparency.

If such errors occur in Tamil Nadu during this rushed timeline, lakhs of genuine voters could be left out. That’s why we are raising the issue now — to prevent it before it’s too late.

So, what’s your final message to the Election Commission?

The EC should focus on accuracy, not speed. Democracy demands inclusivity. Conducting such a massive revision during the monsoon and festivals is a recipe for error. This is not merely a matter of legality — it’s about fairness, practicality, and upholding the spirit of the Constitution.

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