Bihar's Election Commission Informs Supreme Court: Removal of Any Voter's Name From Draft Rolls Without Prior Notice Is Not Permitted
The legal challenge to the Election Commission of India's (ECI) exclusion of over 65 lakh names from Bihar's draft electoral rolls is currently ongoing as a public interest litigation titled Association for Democratic Reforms v. Election Commission of India before the Supreme Court of India (WP (Civil) 640/2025). The case centres on allegations that the Special Intensive Revision (SIR) of electoral rolls carried out by the ECI has arbitrarily and improperly disenfranchised millions of voters ahead of the 2025 Bihar Legislative Assembly election.
Recently, the Supreme Court ordered the ECI to publicly disclose the names removed from the draft rolls as well as the reasons for their exclusion, such as death, migration, or duplication. The court emphasized the need for a fair procedure due to the serious civil consequences of deleting a person's name from the voter list. This order led the ECI to agree to upload a searchable list of the deleted voters online with details accessible via their Electoral Photo Identity Card (EPIC) numbers. The list had already been shared with Booth Level Agents of political parties.
In its stance, the Election Commission asserts that no legitimate elector will be removed without proper prior notice, an opportunity to be heard, and a reasoned order by competent authorities. The ECI has implemented a robust 10-point verification and inclusion mechanism including booth-level visits, political party involvement, awareness campaigns, and special assistance for vulnerable groups to avoid wrongful deletions. The Commission has also highlighted that safeguards against wrongful deletion are reinforced by a two-tier appeal process under relevant rules, ensuring adequate recourse to any elector affected.
However, the ECI contests the petitioners' claims of improper deletions, accusing them of attempting to mislead the court and refuting the need to disclose reasons for non-inclusion beyond what is provided, considering it of limited practical use. The petitioners, including the Association for Democratic Reforms, argue that millions of legitimate voters, especially marginalized groups, face disenfranchisement due to the SIR process requiring submission of forms and documents that many may lack access to.
The EC's affidavit states that the removals from the draft rolls are largely due to death or migration. The EC stresses that any deletion will follow "strict adherence to the principles of natural justice." It is important to note that the EC does not have a legal obligation to prepare or publish a separate list of names excluded from the draft rolls or the reasons for their non-inclusion.
The matter in question is being heard by a bench led by Justice Surya Kant, following pleas challenging the EC's June 24 order for the Special Intensive Revision (SIR) of Bihar's rolls. The EC's actions are subject to the oversight of the Supreme Court, as they are governed by the Representation of the People Act, 1950. The EC has a two-tier appeal mechanism under this act to ensure adequate recourse for any affected elector.
The Supreme Court has directed the Election Commission to provide details of the 65 lakh excluded electors by August 9. The Election Commission has assured the Supreme Court that no voter's name will be deleted from Bihar's draft electoral rolls without prior notice. Before the draft's release on August 1, booth-level lists of electors whose enumeration forms were not received were shared with political parties.
This case remains under close judicial scrutiny to ensure electoral inclusiveness and procedural fairness in Bihar’s electoral roll revision. The EC's affidavit was filed on Saturday, days after publishing the draft rolls listing 7.24 crore voters and excluding over 65 lakh names. The EC is currently cooperating with court orders to publish voter deletion details and is emphasizing the procedural safeguards in place to prevent wrongful deletions. The next steps involve the Supreme Court monitoring compliance with disclosure directives, with further hearings scheduled.
- The ongoing public interest litigation, Association for Democratic Reforms v. Election Commission of India (WP (Civil) 640/2025), in the Supreme Court of India involves a challenge to the ECI's policy-and-legislation surrounding the ECI's exclusion of over 65 lakh names from Bihar's draft electoral rolls and raises concerns about politics and general-news related to the upcoming 2025 Bihar Legislative Assembly election.
- The issue of the ECI's removal of over 65 lakh names from Bihar's draft electoral rolls and the reasons behind these removals has attracted much attention in the realm of policy-and-legislation and general-news due to its potential impact on millions of legitimate voters, particularly marginalized groups, and the role politics plays in this matter.
