In a significant legal development ahead of the 2025 Bihar assembly elections, a public interest litigation (PIL) has been filed in the Supreme Court under Article 32 of the Constitution by political activist and election analyst Yogendra Singh Yadav. The petition challenges the Election Commission of India's (ECI) "special intensive revision" (SIR) of voter lists in Bihar, alleging that the move could lead to widespread disenfranchisement of legitimate voters.
The petitioner has sought an immediate stay on the ongoing SIR process, which is aimed at updating voter lists ahead of elections. He described the initiative as:
"patently arbitrary, unreasonable and in violation of electoral laws."
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As interim relief, Yadav has requested the Supreme Court to restrain any deletion of names from the voter lists finalised in January 2025 and direct the ECI to conduct elections using the existing lists without any re-verification.
A key argument raised in the PIL is that the revision orders voters to prove eligibility using only 11 specified documents, which exclude commonly used identity proofs such as Aadhaar cards, ration cards and MNREGA job cards. Non-submission of the required Form-6 by July 25, 2025, will result in automatic deletion of the name from the voter list, without any personal notice or hearing.
"The process of deletion of names violates the principles of natural justice," the plea said.
The PIL particularly highlights the disproportionate impact on marginalised groups, including SC/ST communities, women and migrant populations, many of whom may not have the limited documentation required under SIR.
Questions have also been raised over the timing of the 90-day verification exercise, as it coincides with Bihar's monsoon season, making it even more difficult for people, especially in rural and flood-prone areas, to comply.
"Sections of the population who do not have birth certificates, land papers or school records are at serious risk of being excluded," the plea said, citing media reports.
Legally, the petition argues that the ECI's process violates Section 22 of the Representation of the People Act, 1950 and Rule 21-A of the Registration of Voters Rules, 1960, which require adequate procedural safeguards before any name can be deleted from the electoral roll.
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Additionally, the petitioner has cited Articles 14, 15 and 326 of the Constitution to allege that the SIR process is discriminatory and undermines the fundamental right to vote in a free and fair democracy.
The petition cites key Supreme Court judgments, including the 2017 KS Puttaswamy judgment (which set the standard of proportionality) and the 1995 Lal Babu Hussain case, in which the apex court protected the rights of existing voters from arbitrary deletion.
"The continuity of voter enrolment must be protected, especially for existing and verified citizens," the petition argues.
The Supreme Court is expected to hear the matter soon, given the urgent deadline before the elections.
The PIL has been filed through Advocate-on-Record Yash S. Vijay, drawn by Advocates Harshit Anand and Natasha Maheshwari, and disposed of by Senior Advocate Shadan Farasat.