'Can't Make Decision In Dark': Top Court Wants Clarity On Deleted Bihar Voters
https://c.ndtvimg.com/2025-09/sckp94so_supreme-court-of-india_625x300_17_September_25.jpg?im=FeatureCrop,algorithm=dnn,width=773,height=435New Delhi: The Supreme Court said Tuesday the Election Commission must furnish details of 3.66 lakh people excluded from the final voter list following a 'special intensive revision' in Bihar.
The court called for more clarity on the deleted names, suggesting a decision on the validity of the revision, or SIR, - a decision pending even with the election now less than a month away -'cannot be made in the dark'. The court also asked petitioners challenging the exercise to provide examples of at least 100 people who had been wrongfully deleted from the voter list.
A bench of Justice Surya Kant and Justice Joymalya Bagchi was hearing petitions from the Association of Democratic Reforms and opposition parties like the Congress and RJD, arguing the Election Commission had not given struck-off individuals reasons for their exclusion.
The court also asked the poll panel to follow protocol and publish details of deleted individuals in district-level electoral offices. "It appears there was deletion of 65 lakh names in the draft list... we said (deleting) whoever is dead or has moved is okay but, if you are deleting someone... we also said 'whoever is deleted, please put up their data in your electoral offices'."
On the apparent increase in the number of voters - between the draft and final lists - the court asked for details about the additions. "You have the draft and the final list. Just cull out these details and give us the information," Justice Bagchi said, giving the EC 48 hours to answer.
In an initial reply, the poll panel said most additions are new voters, and pointed out also that none of the excluded individuals had complained, so far, about wrongful exclusion.
At the outset, advocate Prashant Bhushan, appearing for the RJD, and senior advocate Abhishek M Singhvi, appearing for opposition leaders, and who are challenging the decision to conduct the SIR, alleged that excluded voters had not been given notice or reasons for their deletion.
Bhushan pointed out the EC's own rules state that deletion of names must be declared on its website with reasons, "But nothing has been put out... they have violated their own rules..."
Advocate Nizam Pasha, appearing for another of the petitioners, told the court many whose names had been deleted are still awaiting the formal notification from the Election Commission, without which they could not file complaints.
"There is an appellate provision... but there is no question of appeal because there is no information (about deletion)," Singhvi joined the argument.
At this point the EC urged the court to direct petitioners to file an on-record affidavit of the claims - i.e., about mass exclusion of women voters and those from Muslim communities.
Justice Surya Kant spoke up, and said that the court would order the EC to communicate with people whose names had been deleted 'if anyone can give us a list'. Everybody has the right to appeal, he said, stressing also the court could only interfere in case of actual wrongful deletion.
"We want to know... who are these people who have been deleted from the voter list but are not filing appeals,," he said, as he flagged a possible source - illegal immigrants fearing exposure.
These remarks were made when the Association for Democratic Reforms, one of the petitioners, told the court it is impossible for every deleted individual to file a court affidavit.
The top court ultimately asked ADR to file a detailed affidavit and asked the EC to prepare a response to the petitioners' claims on wrongful deletion by the next date of hearing, Thursday.
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