SC Allows Aadhaar For Bihar Voter Roll Claims, Questions Parties As They Allege BLAs Barred From Filing Objections

Ordering the Election Commission of India (ECI) to also consider Aadhaar as documentary proof of eligibility for the ongoing Special Intensive Revision (SIR) of the electoral roll in Bihar, a Supreme Court bench Friday expressed “surprise” at the small number of claims and objections filed by over 1.6 lakh Booth Level Agents (BLAs)--representatives of political parties at each booth–across the state.

Justices Surya Kant and Joymala Bagchi, delivering an order on August 22 (uploaded on August 23), were hearing a batch of petitions challenging the ongoing SIR in Bihar, including its constitutionality. The bench directed 12 political parties to instruct their BLAs to assist excluded voters in submitting requisite forms with any of the 11 documents listed in the June 24 SIR guidelines, or with Aadhaar.

The Justices noted: “...The details of the BLAs appointed by these political parties have also been mentioned in tabulated form. What surprises this Court is that, to date, 1,60,813 BLAs have filed only 2 objections [and claims]. On the other hand, some of the political parties, who are being represented by their learned counsel, have submitted that their BLAs are not being permitted to submit the objections [and claims].”

To be sure, an ECI press release issued on the evening of August 23 stated an updated figure with only nine claims and objections–for additions or deletions of electors from the draft rolls–had been received so far, all from the CPI (ML-L). Around 65 lakh electors have been removed from Bihar’s electoral rolls for various reasons, and in a previous hearing, the Court had directed the ECI to publish the list of these excluded electors along with reasons for removal, such as death or permanent migration among others. 

The August 22 order also referred to the ECI’s clarification regarding “recommendations” made by Booth Level Agents (BLAs), wherein during the enumeration phase  the BLAs had recommended a certain number of electors, as mentined in one of the press releases. The SC order of August 22 stated: “It is further clarified [by the EC] that the ‘recommendations’ made by the BLAs are completely irrelevant as the names of all the persons, whose enumeration forms were received, have been included in the draft rolls.”

The ECI urged political parties to help correct the draft rolls. The Supreme Court order said: “The [EC’s] note further reveals that if all 12 recognized political parties work for correcting the draft electoral rolls, each of their BLAs can verify at least 10 such names per day. Since there are approximately 1.6 lakhs BLAs appointed by the political parties, in this manner, about 16 lakhs names per day can be verified. Thus, it would not take more than five days for them to verify and submit any claims or objections relating to the names which have not been included in the draft rolls. This timeline is indicated in the backdrop that there are still 10 days left, i.e. till 01.09.2025, to submit objections[and claims], if any.”

The ECI informed the Court that it has received 84,305 claims and objections directly from electors, and 2,63,257 forms from first-time voters aged 18 or above seeking inclusion in the rolls. The Commission added that if any of the 12 recognized parties know of names “wrongfully excluded or included” in the draft roll, they must submit this information to the concerned Electoral Registration Officer (ERO) in the prescribed format before the deadline.

The bench reiterated its August 14 order, observing: “(i) the individual persons, on their own or with the assistance of the BLAs of the political parties, are entitled to apply online and it is not necessary for them to submit physical forms; and (ii) the BLAs of all the political parties are directed to make an endeavour to ensure that the 65,00,000 (approximate) persons, who are not included in the Draft Rolls, are facilitated (except those who are dead or have voluntarily migrated in the other States) to submit their objections by the cut-off date of 01.09.2025. The Election Commission Authorities may consider the desirability of displaying the receipt of objection forms, with or without documents, on their website.”

The matter is listed for further hearing on September 8.