Supreme Court Directs ECI to Upload List of 65 Lakh Deleted Voters in Bihar
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The Supreme Court on Thursday asked the Election Commission of India ( ECI ) to upload online the list of 65 lakh voters proposed to be deleted during the ongoing Special Intensive Revision (SIR) in Bihar . The Bench of Justices Surya Kant and Joymalya Bagchi also ordered that the ECI shall disclose reasons for the deletion. The Court particularly focused on the draft roll declaring 22 lakh people dead and, in total, excluding 65 lakh.
"There is a narrative [that] I don't know... if you bring it in public domain that narrative disappears," Justice Kant said.
The Court said that at present, people are at the mercy of booth level officers (BLOs) or political parties. "Why not put it on display boards or a website that these are persons deceased, shifted or are duplicated," the Court asked.
When the counsel representing the ECI said the "narrative" may not disappear and that there has been tremendous publicity, Justice Bagchi said, "We are not on narrative per se but two things are important... the departure ... of suo motu deletion is not permissible in election year but if special circumstances [exist], and that SOP also requires wide publicity. Taking these two together, fundamental right to know requires wide publicity in situations ... particularly to migrant people."
Justice Bagchi also said that the disclosure should be in the form of a list and not a system where a person has to feed information to the system and then find out the status. "What we are asking is to be more transparent. We are saying instead of this put the entire data set on the website," the Court said.
Dwivedi also said that nobody has been deleted as of now since the earlier list operates till it is replaced. "Today it is preparation. We have asked for the documents. If electoral roll is being revised.. the EPIC card will either get updated or excluded," he added.
Supreme Court’s Directions
The Court passed the following directions:
The list of 65 lakh voters, whose names appeared in the 2025 list but are not included in the draft list, shall be displayed on websites of district electoral officers. The information would be booth-wise but it can be accessed by referring to EPIC number. The lists shall be published on the website of the Chief Electoral Officer, Bihar.
The reasons of non-exclusion in the draft roll shall also be disclosed.
Wide publicity shall be given in newspapers about the uploading of the list. It shall also be broadcast and telecast on television and radio channels. If the district election officer has an official social media handle, they shall display it there also.
In the public notice, it shall also be expressly mentioned that any aggrieved person may submit their claims along with a copy of their Aadhaar card.
The list of voters shall also be put on display at offices of panchayat and block development officers.
The ECI defended its June 24 directive, asserting that it has plenary powers under Article 324 of the Constitution and Section 21(3) of the Representation of the People Act, 1950 to conduct a revision of electoral rolls. It told the Court that the exercise was necessitated by factors such as urban migration, demographic changes, and concerns raised about inaccuracies in the existing rolls, which had not undergone an intensive revision for nearly two decades.
On August 6, the Court was told that 65 lakh names were dropped from the draft Bihar electoral roll published on August 1. The ECI assured the Court that no name will be struck off without prior notice, a hearing opportunity, and a reasoned order from the competent authority. It also said that the Representation of People Act, 1950 and the Registration of Electors Rules, 1960 do not require the ECI to publish the reasons for non-inclusion in the draft electoral rolls.
Yesterday, the Court remarked that the fact that the ECI had increased the number of documents for proof of citizenship made the Bihar SIR more voter-friendly. During the hearing today, the Court said prima facie ECI has the power to hold SIR. The matter will be heard next on August 22.
Dwivedi further submitted that the ECI was subject to a "sharp political [hostility]" in the country where "political congruence" happens in very few matters. In this regard, he highlighted the unsuccessful legal challenges to the Electronic Voting Machines. "We have found sharp contest. Those who lose have to find some excuse. We are unfortunately caught between struggles of political parties. Democracy is such that political parties have necessities of projecting particular perceptions to win elections. We understand that," he added.
He also said some counsel had tried to bring "melodrama" in the case, referring to psephologist Yogendra Yadav bringing two people declared dead in electoral records without affidavits. Dwivedi further questioned the argument that many people in Bihar lack identity documents. "It was projected Bihar is some dark spot ... Bihar, whatever it was in the beginning, today Bihar has 80 percent literacy rate. It is 65 percent even for women. The youth of 21st century is not same," he said.
Pasha highlighted that 231 persons were deleted from a single booth and urged the Court to ask ECI to put on record the documents sought in 2003.
Senior Advocate Shoeb Alam argued that the SIR notification lacked sufficient reasons for ordering the exercise. "There is insufficiency of reasons in the impugned notification. The process invented is neither summary nor intensive and a creature of the impugned notification. The Act says you have to go reasons," Alam said. He stressed that voter registration should be inclusive: "This is a process of voter registration and cannot be a process of disqualification. This is a process to welcome and not turn this into a process to unwelcome."
Singh argued that block-level officers were burdened with impractical targets: "They have to collect 100 forms per day when it is difficult to even collect 40 forms per day. Only 0.37 percent SC community has access to computers.. this was their own caste survey."
Senior Advocate Maninder Singh also appeared for the ECI.
"There is a narrative [that] I don't know... if you bring it in public domain that narrative disappears," Justice Kant said.
The Court said that at present, people are at the mercy of booth level officers (BLOs) or political parties. "Why not put it on display boards or a website that these are persons deceased, shifted or are duplicated," the Court asked.
When the counsel representing the ECI said the "narrative" may not disappear and that there has been tremendous publicity, Justice Bagchi said, "We are not on narrative per se but two things are important... the departure ... of suo motu deletion is not permissible in election year but if special circumstances [exist], and that SOP also requires wide publicity. Taking these two together, fundamental right to know requires wide publicity in situations ... particularly to migrant people."
Justice Bagchi also said that the disclosure should be in the form of a list and not a system where a person has to feed information to the system and then find out the status. "What we are asking is to be more transparent. We are saying instead of this put the entire data set on the website," the Court said.
ECI’s Response to Court Suggestions
In response, ECI counsel Senior Advocate Rakesh Dwivedi said that the list will be uploaded at the district level. He also said an advertisement will be published to notify the public, particularly the migrants. On the suggestion that it may be made searchable, Dwivedi raised the argument of privacy. "This searching will be by EPIC number," he said.Dwivedi also said that nobody has been deleted as of now since the earlier list operates till it is replaced. "Today it is preparation. We have asked for the documents. If electoral roll is being revised.. the EPIC card will either get updated or excluded," he added.
Supreme Court’s Directions
The Court passed the following directions:
The list of 65 lakh voters, whose names appeared in the 2025 list but are not included in the draft list, shall be displayed on websites of district electoral officers. The information would be booth-wise but it can be accessed by referring to EPIC number. The lists shall be published on the website of the Chief Electoral Officer, Bihar.
The reasons of non-exclusion in the draft roll shall also be disclosed.
Wide publicity shall be given in newspapers about the uploading of the list. It shall also be broadcast and telecast on television and radio channels. If the district election officer has an official social media handle, they shall display it there also.
In the public notice, it shall also be expressly mentioned that any aggrieved person may submit their claims along with a copy of their Aadhaar card.
The list of voters shall also be put on display at offices of panchayat and block development officers.
Background of the Case
The Court was hearing a batch of petitions challenging the ECI’s June 24 directive ordering an SIR of electoral rolls ahead of the upcoming Bihar assembly elections. One of the petitioners, Association of Democratic Reforms (ADR), argued that the SIR can arbitrarily and without due process disenfranchise lakhs of citizens from electing their representatives, thereby disrupting free and fair elections and democracy in the country.The ECI defended its June 24 directive, asserting that it has plenary powers under Article 324 of the Constitution and Section 21(3) of the Representation of the People Act, 1950 to conduct a revision of electoral rolls. It told the Court that the exercise was necessitated by factors such as urban migration, demographic changes, and concerns raised about inaccuracies in the existing rolls, which had not undergone an intensive revision for nearly two decades.
On August 6, the Court was told that 65 lakh names were dropped from the draft Bihar electoral roll published on August 1. The ECI assured the Court that no name will be struck off without prior notice, a hearing opportunity, and a reasoned order from the competent authority. It also said that the Representation of People Act, 1950 and the Registration of Electors Rules, 1960 do not require the ECI to publish the reasons for non-inclusion in the draft electoral rolls.
Court Observations on SIR
On Tuesday, the Court observed that the inclusion and exclusion of citizens and non-citizens from the electoral rolls falls within the remit of the ECI. It also observed that the ECI was right in stating that Aadhaar was not conclusive proof of citizenship.Yesterday, the Court remarked that the fact that the ECI had increased the number of documents for proof of citizenship made the Bihar SIR more voter-friendly. During the hearing today, the Court said prima facie ECI has the power to hold SIR. The matter will be heard next on August 22.
ECI’s Stand on Powers and Political Context
Senior Advocate Dwivedi submitted that the Commission has enough reservoir of power to take decisions when it comes to the electoral process in the country. "I will contest everything on reasonableness and rationality and we will not assume the high pedestal that we are omnipotent and we can do everything," he said.Dwivedi further submitted that the ECI was subject to a "sharp political [hostility]" in the country where "political congruence" happens in very few matters. In this regard, he highlighted the unsuccessful legal challenges to the Electronic Voting Machines. "We have found sharp contest. Those who lose have to find some excuse. We are unfortunately caught between struggles of political parties. Democracy is such that political parties have necessities of projecting particular perceptions to win elections. We understand that," he added.
He also said some counsel had tried to bring "melodrama" in the case, referring to psephologist Yogendra Yadav bringing two people declared dead in electoral records without affidavits. Dwivedi further questioned the argument that many people in Bihar lack identity documents. "It was projected Bihar is some dark spot ... Bihar, whatever it was in the beginning, today Bihar has 80 percent literacy rate. It is 65 percent even for women. The youth of 21st century is not same," he said.
Petitioners’ Counterarguments
Advocate Nizam Pasha, representing a lawmaker from Bihar, submitted that people holding EPIC cards cannot be excluded when the process of enrollment during intensive and summary revision is the same. He argued that the decision to base SIR on the 2003 electoral list is not valid and is without intelligible differentia. He also said electoral officers failed to provide receipts for enrollment forms, leaving BLOs with an upper hand.Pasha highlighted that 231 persons were deleted from a single booth and urged the Court to ask ECI to put on record the documents sought in 2003.
Senior Advocate Shoeb Alam argued that the SIR notification lacked sufficient reasons for ordering the exercise. "There is insufficiency of reasons in the impugned notification. The process invented is neither summary nor intensive and a creature of the impugned notification. The Act says you have to go reasons," Alam said. He stressed that voter registration should be inclusive: "This is a process of voter registration and cannot be a process of disqualification. This is a process to welcome and not turn this into a process to unwelcome."
Concerns Over Haste and Practicality
Senior Advocate KS Chauhan and advocates Vrinda Grover , Fauzia Shakil, and Rashmi Singh also made arguments. "ECI order is arbitrary and suffers from non application of mind. First is haste shown. See the timeline to complete the process in a State like Bihar. Even for 1 crore people to upload documents in a State which is not so advanced in digital literacy. Floods are worse in September and October and that is when the process is being carried out," Shakil said.Singh argued that block-level officers were burdened with impractical targets: "They have to collect 100 forms per day when it is difficult to even collect 40 forms per day. Only 0.37 percent SC community has access to computers.. this was their own caste survey."
Senior Advocate Maninder Singh also appeared for the ECI.
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