Some Voters Has To Submit Affidavit If They Are Affected: Supreme Court Suggests While Hearing Bihar SIR Matter
Earlier, the Supreme Court was apprised by the(ECI) that most of the political parties have filed more applications for deletion of names from the draft voters list rather than for inclusion of excluded names.
Today, the Supreme Court, while hearing the Bihar's Special Intensive Revision matter, orally suggested that some voters has to submit an affidavit that they are affected by the Bihar SIR in order to further direct ECI.
The Bench of Justice Surya Kant and Justice Joymalya Bagchi heard the matter and suggested that some voters has to submit an affidavit that they are affected by the Bihar SIR.
Advocate Prashanth Bhushan, appearing for one of Petitioner, apprised the Court that they have analysed that final roll and referred to 2003 guidelines of ECI fir Special Intensive Revision.
"We want to know how you want to proceed, you want us to go to the legality of SIR", asked Justice Kant.
Affirming to the question, Bhushan replied, "This SIR was meant to clean the Electoral Roll, but instead it has compounded the problem."
Bhushan further informed the Court that ECI has said that 3.66 Lakhs voters were deleted due to elections. But they did not give the list of deleted voters or the list of objections, which the ECI was required to do.
After submissions from the parties regarding the availability of list of voters deleted, Justice Kant remarked that the Court was only looking for a solution and every person has a right to appeal in case of deletion from Electoral Roll.
Thereafter, Senior Advocate Vrinda Grover, appearing on behalf of an organisation of voters, submitted that there was only disaggregated data available.
Crucially, upon hearing the submissions by ECI, Justice Kant suggested that some voters has to submit an affidavit that they are affected by the Bihar SIR.
Senior Advocate Dr. Abhishek Manu Singhvi also appeared for one of the Petitioners, submitted, "Persons who are deleted do not get notice that they are deleted. They don't get the reasons. There is no question of appeal because no one knows. Least they can do is inform."
Senior Advocate Rakesh Diwedi, appearing on behalf of ECI, submitted that none of the voters has approached the Court. Diwedi also submitted that none of the Petitioners have amended the Writ Petitioner challenging the final list.
Subsequently, Justice Kant suggested that the Court can pass the directions if any affected person has approached he Court. Upon which, Bhushan said, "I can bring 100...how many your lordships want? I have already given 1 illustration.."
Bhushan also handed over the affidavit of an individual whose name was allegedly deleted. However, Justice Kant suggested that specific objections has to be made in the Affidavit.
Bhushan said that they will file affidavits by the voters as well.
Accordingly, the matter will be heard on October 09, 2025
Background
The petitions, filed by RJD MP Manoj Jha, Association for Democratic Reforms (ADR), People's Union for Civil Liberties (PUCL), activist Yogendra Yadav, Trinamool MP Mahua Moitra, and former Bihar MLA Mujahid Alam, challenge the legality, timing, and process of the SIR. Moitra’s petition terms the exercise “illegal, unconstitutional, and ultra vires,” citing violations of Articles 14, 19(1)(a), 21, 325, and 326 of the Constitution, and the Representation of the People Act, 1950.
Earlier, on September 01, 2025, the Supreme Court, while hearing the Bihar's Special Intensive Revision case, was apprised by the Election Commission of India (ECI) that most of the political parties have filed more applications for deletion of names from the draft voters list rather than for inclusion of excluded names.
During the hearing on July 10, 2025, the Supreme Court took note of the concerns raised over the electoral roll revision and observed, “An important question has been raised in these petitions before this Court, which goes to the very root of functioning of a democratic republic that is a country. The question is of the right to vote.”
Earlier, on July 22, 2025, the Election Commission has filed its counter affidavit in the Supreme Court defending the ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar, asserting that the exercise is lawful, long overdue, and designed to cleanse the rolls of ineligible entries while ensuring the inclusion of all eligible citizens.
On August 22, 2025, the Supreme Court directed all the recognised political parties in the State of Bihar to make an endeavour that the persons who are not included in the draft roll were facilitated in submitting their objections, except those who are dead or have voluntarily migrated. The Supreme Court also ordered that the voters who are excluded voters can submit their application forms with 11 acceptable documents under the SIR or the Aadhaar Card.
Cause Title: Association For Democratic Reforms And Ors. V. Election Commission Of India W.P.(C) No. 640/2025 PIL-W
