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Photograph: (Staff)
The Supreme Court on 7 October directed the Election Commission of India (ECI) to provide details of 3.66 lakh voters excluded from the final electoral roll prepared under Bihar's Special Intensive Revision (SIR) exercise, with submissions due by 9 October. A bench of Justices Surya Kant and Joymalya Bagchi, hearing pleas from political parties and activists, reiterated that conducting the SIR is the ECI's prerogative but cautioned against any illegality that could disenfranchise genuine voters.
The highest court in the country scheduled the next hearing for 14 October, expressing concern over the exclusions despite the ECI's claims of no formal complaints. This comes as Bihar braces for assembly elections on 6 and 11 November, with results on 14 November, and polls showing a tight race between Chief Minister Nitish Kumar's NDA and Tejashwi Yadav's Mahagathbandhan, complicated by Prashant Kishor's Jan Suraaj.
The SIR, launched in June to "purify" rolls after 22 years, has deleted over 65 lakh names, sparking fears of targeted disenfranchisement among migrants and minorities.
Supreme Court directs ECI on excluded voters
During the hearing, the bench sought a breakdown of the 3.66 lakh exclusions from the final roll released on 30 September, including reasons and district-wise data.
Senior advocate Rakesh Dwivedi, for the ECI, defended the process, stating most deletions were of deceased voters or duplicates, with 7.42 crore names added overall, including 85,000 new ones. "No complaints or appeals have been filed by excluded voters yet," he submitted, adding that booth-level agents received notices.
Justice Surya Kant observed: "We presume the ECI follows the law, but if illegality is found, the exercise will be set aside." The court rejected piecemeal relief but allowed Aadhaar as the 12th identity document for claims, following earlier orders on 8 September. It also urged political parties to assist voters via booth agents, posting the matter for a detailed hearing on 14 October.
Petitioners, including the RJD and AIMIM, argued the SIR burdens voters with proving identity using 11 documents, leading to mass exclusions in migrant-heavy areas.
Background to the SIR controversy
The SIR, initiated on 25 June, required voters to submit enumeration forms and documents to verify their eligibility, aiming to remove fake voters ahead of the polls.
The draft rolls on 1 August excluded 65 lakh names—22 lakh deceased and 43 lakh others—prompting the Supreme Court's intervention on 14 August to publish the deletion reasons and accept online claims.
The court extended the claims deadline to 30 September and added Aadhaar after petitions highlighted document barriers for the poor.
Opposition parties filed 89 lakh complaints, mostly rejected by ECI, alleging bias against Muslims and migrants. The Indian National Congress termed it a "brutal assault on democracy," while RJD's Tejashwi Yadav claimed even his name was scrubbed.
ECI maintains that the exercise made the system more voter-friendly, with 91.69% of form submissions.
Bihar's high-stakes electoral battle
The SIR unfolds against a razor-thin poll contest. A C-Voter survey on 2 October shows Nitish Kumar leading the CM race at 27%, followed by Tejashwi Yadav at 25% and Prashant Kishor at 15%.
NDTV's 6 October poll pegs Nitish at 42%, Tejashwi at 15%, and Kishor at 9%, with the NDA projected to win 131-150 seats (BJP 66-77, JD(U) 52-58).
The NDA eyes retention, with Nitish's "Sushasan" on law and order boosting support, though anti-incumbency lingers on jobs and inflation.
Mahagathbandhan, led by RJD (57-71 seats projected), banks on Yadav's youth appeal and caste census promises.
Kishor's Jan Suraaj, contesting all 243 seats, could snag 4-6, siphoning urban youth votes.
BJP's Sudhanshu Trivedi predicted a "strong mandate" for NDA.
Reactions from political parties
RJD hailed the SC order as a "victory for democracy," with Manoj Jha demanding a full roll re-verification. The INC's Pawan Khera accused ECI of "exposure" after rejecting 89 lakh complaints.
The BJP dismissed it as "misinformation," with JD(U)'s Umesh Kushwaha confident of Nitish's return.
Kishor, whose Jan Suraaj eyes a debut splash, criticised SIR as "flawed," vowing to fight exclusions.
AIMIM's Asaduddin Owaisi urged extending claims beyond 30 September.
Implications for November polls
The SC's scrutiny could delay final rolls, affecting 7.5 crore voters in Bihar's 243 seats. Exclusions, disproportionately in opposition strongholds like Seemanchal, risk tilting scales, with migrants—key to urban seats—hardest hit.
As NDA leads in projections (41-45% vote share), Mahagathbandhan (37-40%) banks on SIR backlash.
With model code looming, the row amplifies caste dynamics and youth unrest, testing ECI's neutrality.