No deletion in Bihar voter roll without notice, reasoned order: EC to SC

The Election Commission has told the Supreme Court that there would be no deletion of any voter's name from the draft electoral roll in Bihar without issuance of prior notice, affording opportunity of being heard and a reasoned order.

The poll panel also said that statutory framework does not require it to prepare or share any separate list of names of people not included in the draft electoral rolls, or publish the reasons for non-inclusion of anyone in the draft rolls for any reason.

The EC filed an additional affidavit in the apex court on Saturday, days after it came out with the much-anticipated draft electoral rolls in Bihar, enlisting 7.24 crore voters but knocking off more than 65 lakh names, claiming that most of the persons concerned had died or migrated.

Separately, the EC also filed its reply to an application filed by the petitioner seeking direction to the poll panel to publish a full and final assembly constituency and part/booth wise list of names and details of approximately 65 lakh electors whose enumeration forms were not submitted along with reasons for non-submission.

A bench headed by Justice Surya Kant is hearing the pleas against the EC's Special Intensive Revision (SIR) of electoral rolls in Bihar.

In its additional affidavit, the poll panel said the first stage of SIR was completed and draft electoral roll was duly published on August 1.

"It is further submitted that, as a matter of policy and in strict adherence to the principles of natural justice, no deletion of any elector's name from the draft electoral roll, published on August 1, 2025, shall be undertaken without: (i) issuance of a prior notice to the concerned elector indicating the proposed deletion and the grounds thereof, (ii) affording a reasonable opportunity of being heard and furnishing relevant documents, and (iii) passing of a reasoned and speaking order by the competent authority," it said.

It said these safeguards are further reinforced by a robust two-tier appeal mechanism prescribed under the relevant rules, thereby ensuring that every elector has adequate recourse against any adverse action.

The EC said to ensure that no wrongful deletion from the draft rolls was carried out, strict directions were issued to prevent deletion without notice and a speaking order by the competent authority, with provision for appeals under section 24 of the Representation of the People Act, 1950.

The poll panel said it is taking every possible step to ensure that no eligible elector is excluded from the electoral roll.

In its separate reply, the poll panel said, "It is submitted that the statutory framework does not require the respondent (EC) to prepare or share any separate list of names of people not included in the draft electoral rolls, or publish the reasons for non-inclusion of anyone in the draft electoral rolls for any reason".

"As neither the law nor guidelines provide for preparation or sharing of any such list of previous electors whose enumeration form is not received for any reason during the enumeration phase, no such list can be sought by the petition as a matter of right," it said.

The poll panel said exclusion of a name from draft electoral roll does not amount to deletion of an individual from electoral rolls.

It said draft roll simply showed that duly filled enumeration form of existing electors has been received during enumeration phase.

"But, on account of human involvement in execution of this exercise of scale, there is always a possibility that an exclusion or inclusion might surface due to inadvertence or error," it said.

The EC said prior to publication of draft electoral roll, it had directed the CEO and others to share with political parties the booth-level list of individuals whose enumeration forms were not received due to any reason and seek their assistance for reaching out to them.

It alleged that the petitioner's approach was consistent with its earlier attempts to malign EC by building false narratives on digital, print and social media.

"Such attempts should be appropriately dealt with by this court, and heavy costs should be imposed for petitioner's attempts to deliberately mislead this court," it said.

The poll panel said admittedly, after the publication of draft rolls, political parties were supplied with an updated list of names of electors not included in draft roll so as to ensure that all attempts are made to reach out to them.

"The political parties have acknowledged receipt of the said list," it said.

The EC said, "In yet another attempt to mislead this court, the petitioners emphatically assert that a person whose name has been excluded from the draft roll has no recourse to a remedy as he/she cannot file a claim or objection".

Referring to detailed guidelines of SIR order of June 24, the poll panel said it expressly provides for inclusion of individuals whose enumeration forms have not been submitted within the specified time.

On August 6, the apex court had asked the EC to furnish by August 9 the details of around 65 lakh electors left out from the draft electoral rolls.

NGO 'Association For Democratic Reforms', which has challenged the EC's June 24 order directing for SIR of electoral rolls in Bihar, has filed a fresh application seeking direction to publish names of around 65 lakh deleted voters with the mention whether they are dead, permanently migrated or not considered for any other reason.