- Names struck off Bihar voter lists can be challenged using Aadhaar cards, the court said
- Election Commission must publicise list of 65 lakh deleted voters with reasons, the Supreme Court said
- Lists to be advertised in vernacular newspapers, TV, social media, and websites, the poll body was told
In a significant development in the Bihar Special Intensive Revision (SIR) case, the Supreme Court today said that those whose names have been struck off the state's voter lists can submit their Aadhaar cards to challenge this deletion. Earlier, the Election Commission had resisted accepting Aadhaar, arguing that while it may be a proof of identity, it is not a valid proof of citizenship.
It is unclear if Aadhaar will be an eligible document for Special Intensive Revision exercises of voter lists in other states. For now, it is an option for those whose names were struck off the list in poll-bound Bihar.
In its interim order, the bench of Justice Surya Kant and Justice Joymalya Bagchi asked the poll body to make public the list of 65 lakh names struck off the voter list after SIR, along with the reason for deletion. These lists, the court said, must be publicised through ads so that people can approach the poll body for corrections.
"Aggrieved persons may submit their claims along with a copy of their Aadhaar cards," Justice Kant said while reading out the order. Aadhaar was not on the list of 11 documents the election body had okayed for the voter list review exercise. The petitioners had argued this would put lakhs of people, especially from the underprivileged sections, at a disadvantage.
Advocate Prashant Bhushan, appearing for the Association for Democratic Reforms, told the media, "The court has directed the Election Commission to advertise that they are going to accept the Aadhaar card in addition to the 11 documents they have specified."
Earlier, Senior Advocates Kapil Sibal and Abhishek Singhvi had flagged the exclusion of Aadhaar from eligible documents. The court had then pointed to Section 9 of the Aadhaar Act that clarifies that it is not proof of citizenship.
During today's hearing, Justice Bagchi said Aadhaar is a statutorily recognised document for identity and residence. When Senior Advocate Gopal Sankaranarayanan said the poll body is accepting Aadhaar, Justice Bagchi said, "No, no they have to." Justice Kant added, "It is a statutory obligation. It has to be there."
In its interim order, the bench said, "We have briefly heard the Election Commission of India. During the course of hearing , the following steps are agreed: ECI will, as interim measure, take following steps: list of 65 lakhs voters whose names appeared in 2025 list but are not included in the draft list shall be displayed on the district level websites."
This list, the order said, must mention the reason for deletion from the draft roll. "Wide publicity shall be given in vernacular language newspapers which has maximum circulation and it must be broadcast and telecast on Doordarshan and other channels. The district election officer, if they have a social media handle, shall display the notice there as well," it said.
Senior Advocate Shadan Farasat told NDTV that many of those aggrieved will get some relief after today's ruling. "At least they will come to know why their names have been deleted from the voter list and can file an appeal. This is a major relief. They can also submit Aadhaar. We will continue our legal battle," he said.
