Revision of Electoral Rolls in Bihar | Day 20: Supreme Court declines to rely on news reports of mass deletion notices

Bhushan: Law permits only local officers to issue deletion notices

Advocate Prashant Bhushan referred to a report published by The Indian Express which stated that over 10 lakh pre-filled notices for deletion of names had been sent to electors in Bihar under the SIR. Bhushan submitted that the notices were issued under the digital signatures of Electoral Registration Officers (ERO), but appeared to have been generated and sent in a manner inconsistent with the statutory scheme.

He argued that under the RP Act, notices for deletion can be issued only by the local ERO, and that the reported issuance of pre-filled notices at scale raised serious concerns. “If lakhs of notices are being sent in this manner, it shows something is happening at a level not contemplated by the statute,” Bhushan submitted.

Senior Advocate Rakesh Dwivedi, appearing for the Election Commission of India (ECI), stated that he would not respond to newspaper reports and asserted that District Election Officers had issued all notices.

CJI Surya Kant cautioned against the Court being guided by press reports. “If we get swayed by newspaper reports and ask for a reply, it becomes problematic,” he said. Referring to the report’s use of the expression “it is learnt”, he observed that the source and basis of such information would have to be examined, adding that reporters are dependent on information supplied to them.

Sondhi: Reasons for SIR must be recorded qua each constituency

Senior Advocate Aditya Sondhi, appearing for one of the petitioners, addressed the requirement of recording reasons under Section 21(3) of the RP Act. He submitted that the obligation to record reasons must operate with reference to each constituency. Even if the expression “any constituency” were interpreted to extend to multiple constituencies, states or union territories, he argued that the reasons for ordering a special revision must still be assigned constituency-wise, since the Act contemplates an electoral roll for each assembly constituency.

Referring to conditions in Tamil Nadu, Sondhi submitted that nine out of 37 districts are backward and hilly regions with significant tribal populations, including the Nilgiris. He argued that many residents of these areas migrate within India for livelihood and that a uniform justification for revision could not account for such localised realities.

He further submitted that facial neutrality could not be determinative of constitutionality. “A measure may be facially neutral, but if it impacts the marginalised, it will fall foul of Articles 14 and 15,” Sondhi said.

The ECI is scheduled to commence its submissions tomorrow.