TMC MP Mahua Moitra moves SC against EC's revision of electoral rolls in Bihar

New Delhi: Trinamool Congress leader and Member of Parliament Mahua Moitra has moved the Supreme Court challenging an order of the Election Commission of India for special intensive revision of electoral rolls in Bihar.

In her plea, Moitra said she seeks setting aside of the order dated June 24 under which Special Intensive Revision (SIR) is being conducted in alleged violation of various provisions of the Constitution.

"The present writ petition has been filed in public interest under Article 32 of the Constitution seeking setting aside of order dated 24.06.2025 issued by Election Commission of India under which SIR of electoral rolls in Bihar is being conducted in violation of Articles 14, 19(1)(a), 21, 325, 328 of the Constitution and provisions of Representation of People (RP) Act, 1950 and Registration of Electors (RER) Rules, 1960 which, if not set aside, can lead to large-scale disenfranchisement of eligible voters in the country thereby undermining democracy and free and fair elections," it submitted.

Moitra further sought a direction from the apex court to restrain the Election Commission of India from issuing similar orders for SIR of electoral rolls in other states of the country.

"It is submitted that it is for the very first time in the country that such an exercise is being conducted by ECI, where electors whose names are already there in electoral rolls and who have already voted multiple times in are being asked to prove their eligibility," the plea filed through advocate Neha Rathi said.

The plea said "the impugned SIR order requires the inclusion or retention of a voter's name in the electoral roll upon production of citizenship documents, including proof of citizenship of either or both parents, failing which the voter is at risk of exclusion.This requirement is ultra vires Article 326 and introduces extraneous qualifications not contemplated by the Constitution of the RP Act 1950.”

A similar plea has also been filed by NGO Association of Democratic Reforms challenging the poll panel’s direction for SIR of electoral rolls in Bihar.

The EC on June 24 issued instructions to carry out an SIR in Bihar, apparently to weed out ineligible names and ensure only eligible citizens are included in the electoral roll.

Bihar goes to polls later this year.

The NGO has also sought setting aside of the order and communication, arguing that it violates Articles 14, 19, 21, 325, and 326 of the Constitution, as well as provisions of the Representation of People's Act, 1950, and Rule 21A of the Registration of Electors Rules, 1960.

The NGO’s plea filed through advocate Prashant Bhushan said the EC order "can arbitrarily and without due process" disenfranchise lakhs of voters and disrupt free and fair elections.

"That the documentation requirements of the directive, lack of due process as well as the unreasonably short timeline for the said Special Intensive Revision of Electoral Roll in Bihar further make this exercise bound to result in removal of names of lakhs of genuine voters from electoral rolls leading to their disenfranchisement," the plea said.

The last such revision in Bihar was conducted in 2003.

According to the EC, the exercise was necessitated by rapid urbanisation, frequent migration, young citizens becoming eligible to vote, non-reporting of deaths, and inclusion of the names of foreign illegal immigrants.

It said with the exercise, it wants to ensure the integrity and preparation of error-free electoral rolls.

The SIR is being conducted by booth officers, who are conducting a house-to-house survey for verification.

The EC said it will scrupulously adhere to the constitutional and legal provisions as laid down in Article 326 of the Constitution and Section 16 of the Representation of the People Act, 1950, in carrying out the revision.

Several other civil society organisations like PUCL and activists like Yogendra Yadav have approached the top court against the ECI’s direction.