A writ petition has been filed in the Supreme Court challenging the June 25, 2025 order of the Election Commission of India (ECI) regarding Special Deep Revision (SIR) of Electoral Rolls in Bihar.
The petition filed by the Association for Democratic Reforms (ADR) through advocate Prashant Bhushan states that the decision of the ECI is arbitrary, unconstitutional and violates several fundamental rights under Articles 14, 19, 21, 325 and 326 of the Constitution.
The petition argues that "this order may disenfranchise lakhs of genuine voters in Bihar without due process, thereby threatening the core values of free and fair elections."
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Under the ECI's SIR order, voters not listed in the 2003 voter list must produce specific citizenship documents to prove their eligibility. However, common identity proofs such as Aadhaar cards and ration cards are not accepted, which the petition argues has an unfair impact on poor and marginalised communities, including Scheduled Castes, Scheduled Tribes and migrant workers.
The petition states that "by excluding everyday documents and imposing a heavy documentary burden, the ECI has effectively shifted the responsibility of proving eligibility from the State to the individual."
The petitioner warns that the move may lead to the wrongful deletion of lakhs of names from the voter list due to lack of procedural safeguards and unrealistic timelines. The process requires voters to prove not only their own citizenship but also that of their parents, which the petition claims directly violates Article 326.
The situation gets even more serious with the Bihar assembly elections scheduled to be held in November 2025. The timeline set for completing the amendment process is called "unreasonable and impractical", especially given the state's large population that does not have access to crucial documents such as birth certificates or parental identity records.
"Bihar, with its high poverty and migration rate, has crores of voters who do not have the sought-after documents and are at a grave risk of losing their democratic rights," the petitioner asserted.
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The petition estimates that over 3 crore voters may be affected, especially from rural areas and marginalised backgrounds. Recent field reports suggest that many are already facing difficulties in meeting the new documentation criteria under the ongoing amendment process.
The petitioner has sought that the Supreme Court quash the ECI's June 25 order which warned that if not heeded, it could lead to large-scale disenfranchisement and damage the democratic fabric of the country.
The petition has been filed through Advocate Prashant Bhushan.
