Supreme Court
New Delhi: The Supreme Court has refused the revision of the voter list in Bihar. That is, the revision of voter list in Bihar will continue at present. At the same time, the Supreme Court has also suggested to the Election Commission that it also considered Aadhaar card, ration card and voter eye as proof in this process. A bench of Justice Sudhanshu Dhulia and Justice Joymalya Bagchi heard the case. Now the next hearing will be held on 28 July.
The Supreme Court bench said, “We prima facie believe that during special intensive revision of voter lists, Aadhaar, voter ID card, ration card can be considered as documents.” The Supreme Court said that no petitioner, including leaders of 10 opposition parties, has not demanded interim stay on this process of Election Commission. He sought an answer on the petitions related to the related petitions and fixed the next date of hearing on 28 July.
The Supreme Court said that the Election Commission should file a counter affidavit on these petitions by July 21 and the response to them should be filed by July 28. The bench of the apex court said it did not doubt the credibility and honesty of the Election Commission, as it is a constitutional obligation, but the time of this process is creating doubt.
We do not doubt your honesty
The Supreme Court told senior advocate Rakesh Dwivedi, appearing for the Election Commission, “We do not doubt your honesty, but there are some perceptions. We are not thinking of stopping you because it is a constitutional obligation. ”Dwivedi said that 60 percent of the voters have verified their identity and assured the court that no one would be excluded from the voter list without giving anyone the opportunity to speak. The bench said, “We cannot stop any constitutional institution from doing what it should do. Also, we will not allow them to do what they should not do. ”
Question on the time of voter list revision
Earlier, the bench questioned the Election Commission, questioning the time of special intensive revision (SIR) of voter lists in Bihar, that you should have already taken steps, it is a little late. However, he dismissed the argument that the Commission had no right to do this exercise. The court said that the exercise of special intensive revision is an important issue, which is related to the roots of democracy and it is related to the right to vote. The Election Commission justified this exercise and said that the Aadhaar card is not “proof of citizenship”.
A bench of Justice Sudhanshu Dhulia and Justice Joymalya Bagchi questioned not to consider the Aadhaar card in the list of documents in the voter list revision in Bihar and said that the Election Commission has nothing to do with the citizenship of a person and it comes under the jurisdiction of the Ministry of Home Affairs. Dwivedi, citing Article 326 of the Constitution, said that every voter should be an Indian citizen and “Aadhaar card is not a proof of citizenship.” Justice Dhulia said, “If you have to examine citizenship under the special intensive revision of the voter list in Bihar, you should have already taken the step, it is a little late.
Meanwhile, the court rejected the plea of the petitioners’ lawyers that the Election Commission does not have the right to any such exercise in Bihar. The bench said that what the Election Commission is doing comes under the Constitution and last time such exercise was done in 2003. Referring to the pleas of the petitioners, the bench said that the Election Commission will have to answer three questions, as the SIR process in Bihar is “related to the root of democracy and it is related to the right to vote.”
Sought answers on three issues
The Supreme Court sought an answer from the Election Commission on three issues whether it has the right to amend the voter list, the process adopted and when it can be reviewed. Dwivedi said that over time, their revision is necessary to include or remove names in the voter list and SIR is a similar exercise. He asked that if the Election Commission does not have the right to amend the voter list, then who will do this? However, the Election Commission assured that no one would be excluded from the voter list without giving anyone an opportunity to speak.
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