New Delhi: The Supreme Court on July 28 refused to stop the Election Commission of India (ECI) from publishing the draft electoral list of Bihar on August 1.
The apex court however verbally told the poll body to consider Aadhaar and Electoral Photo Identity Cards (EPIC) or the Voter ID Cards for the inclusion of voters in the ongoing electoral roll revision drive in the poll bound state.
Appearing for Association for Democratic Reforms, Gopal Sankaranarayanan at the onset urged the bench of Justices Surya Kant and Joymala Bagchi to stop the notification of the draft list, saying that it is going to inconvenience about 4.5 crores of electors.
The bench however refused to stay the notification citing that it was after all a draft list and the Court can ultimately strike down the entire process if any illegality was found.
The petitioners also informed the bench that the ECI was allegedly violating on the ground, the advice made by the SC on July 10 to consider Aadhaar Cards, Voter ID Cards and Ration Cards to which the ECI’s counsel Rakesh Dwivedi replied that the Commission has already raised its reservation about these documents in its affidavit filed before the Court.
The bench then verbally told the ECI to consider at least Aadhaar and EPIC. It also questioned the ECI that why allow mass exclusions and not mass inclusions.
“There’s presumption of correctness with official documents, you proceed with these 2 documents. You will include these two documents (Aadhaar and EPIC)…Wherever you find forgery, that’s on case-to-case basis. Any document on the earth can be forged.”, Justice Kant orally told the ECI’s counsel as reported by Live Law.
The bench posted the matter for further hearing on July 29. The petitions opposing the electoral revision drive of ECI in Bihar was filed by ADR and other leaders of the opposition parties.
Aadhaar, Voter ID, Ration card not reliable for inclusion: ECI
Earlier the ECI on July 22 filed an affidavit before the SC in compliance with the court’s directive issued on July 10.
In the affidavit submitted to SC, the Commission had defended the exclusion of Aadhaar from the list of documents used in the revision exercise, stating that it does not serve as proof of citizenship. The Commission however clarified that the list of acceptable documents was indicative and not exhaustive.
The Commission had underscored that over 1.5 lakh Booth Level Agents (BLAs) are working alongside Booth Level Officers (BLOs) to reach out to all eligible voters. It had noted that all political parties are also involved actively in the process.
In terms of EPIC, the Commission had stated that it cannot be accepted as a document for inclusion in the electoral roll since the process is a fresh revision of the electoral rolls.
On use of Aadhaar as a valid document for inclusion in the electoral roll, the ECI stated that Aadhaar does not establish citizenship, and is merely proof of identity. It cited both statutory provisions and case law to support this position.
The affidavit stated that Aadhaar can be used to supplement other documents to prove eligibility. “However, this is not to say that Aadhaar cannot be used to supplement other documents to prove eligibility. It is for this reason that the list is indicative and not exhaustive,” reads the affidavit.
On exclusion of ration cards from the list of acceptable documents during the ongoing drive, the ECI relied on a press release from the Union Government stating that it has removed 5 Crore fake ration cards.
“That it is submitted that given the widespread existence of fake ration cards, it has not been prescribed within a list of 11 documents to be relied upon for screening eligibility under Article 326,” stated the affidavit.
The Commission emphasised that the ERO/AERO is obligated to consider all documents including ration cards which are presented for proof of eligibility.
“Decision to accept or reject the documents is dependent on the satisfaction of the ERO/AERO as per sec 22, and other provision of the RP Act, 1950 and rule 21(A) and other rules of the RER, 1960, and such decisions will be taken on a case-to-case basis and in accordance with procedure prescribed by law,” reads the submission made by the Commission.
ECI’s affidavit further alleged that the petitioners, a few among whom are Member of Parliament and legislative assemblies did not disclose that the political parties represented by them were actively participating in the Special Intensive Revision (SIR) drive by appointing BLAs.
“These facts were within the Petitioners’ knowledge but were not disclosed before this Court,” alleged the ECI’s affidavit.
It added that “All parties have appreciated the necessity and correctness of the exercise and are cooperating to ensure its timely completion.
Earlier the SC in its order stated that “We are of the prima facie opinion that in the interest of justice, the Election Commission will also include documents like Aadhaar, Ration Card, Voter ID card, etc. ”
“It is for the ECI to decide whether it wants to accept the documents or not, and if it does not, then provide reasons for its decision, which shall be sufficient to satisfy the petitioners. Meanwhile, petitioners are not pressing for an interim stay,” stated the bench.
