Trinamool Congress MP Mahua Moitra has approached the Supreme Court, challenging the Election Commission of India’s (ECI) decision to carry out a Special Intensive Revision (SIR) of electoral rolls in Bihar. In a heartfelt petition, Moitra warned that the move could result in large-scale disenfranchisement and undermine the very foundation of India’s democracy.
Filed under Article 32 of the Constitution, Moitra’s plea urges the court to quash the EC's June 24 order, arguing that it violates several constitutional provisions — including Articles 14 (equality before law), 19(1)(a) (freedom of speech and expression), 21 (right to life), 325 and 326 (right to vote without discrimination). She also points to violations of the Representation of the People Act, 1950, and the Registration of Electors Rules, 1960. “This petition is in the interest of every eligible Indian voter,” the plea states. “If not set aside, this directive could deprive lakhs of citizens of their right to vote.”
Moitra strongly objected to what she described as an unprecedented move — asking already-registered voters, many of whom have voted in multiple past elections, to again prove their citizenship to stay on the rolls. “The EC’s instructions require voters to furnish documents such as proof of their own citizenship and, in some cases, proof of their parents’ citizenship,” the petition says. “This is not only unconstitutional but also imposes requirements not mandated under the Representation of the People Act, 1950.”
The TMC leader also sought a directive restraining the Election Commission from issuing similar SIR orders in other states, arguing that it sets a dangerous precedent that could endanger electoral rights across the country. A similar petition has also been filed by the NGO Association for Democratic Reforms (ADR), represented by advocate Prashant Bhushan. ADR’s plea argues that the EC’s move violates constitutional guarantees and legal procedures. It warns that the documentation demands, combined with insufficient time and lack of due process, could result in lakhs of genuine voters being arbitrarily removed from the rolls.
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“This order, if implemented without safeguards, could severely disrupt the upcoming elections and deny many their right to vote,” the ADR petition says. The Election Commission, in its June 24 order, had justified the move, citing concerns over outdated rolls due to rapid urbanisation, frequent migration, the growing number of young eligible voters, under-reporting of deaths, and the alleged inclusion of illegal immigrants.
To clean up the electoral rolls, the EC launched the SIR exercise, involving booth-level officers conducting door-to-door verification of voters. It added that the revision is being carried out in line with constitutional and statutory requirements, including Article 326 and Section 16 of the Representation of the People Act, 1950, which allow disqualification based on non-citizenship.
However, concerns are growing across civil society. Prominent organisations such as the People’s Union for Civil Liberties (PUCL) and public figures like Yogendra Yadav have also approached the Supreme Court, echoing the fear that the exercise, if left unchecked, could disenfranchise a significant segment of the electorate.
As Bihar gears up for assembly elections later this year, these legal challenges have turned the voter list revision into a high-stakes constitutional and political battle — one that could shape how India balances electoral integrity with individual rights.
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