SC refuses to seek reply from EC on media report alleging deletion of voters in Bihar

The Supreme Court on Tuesday, 16 December, declined to seek a response from the Election Commission of India (ECI) based solely on a media report cited by an NGO alleging irregularities during the Special Intensive Revision (SIR) exercise in Bihar. The report claimed that lakhs of pre-filled notices for deleting voter names were issued centrally by the EC, bypassing local authorities.

A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi said relying on a media report would set a wrong precedent. The court asked the Association for Democratic Reforms (ADR), the NGO involved, to file an affidavit presenting the facts before requesting a formal response from the EC.

Senior advocate Rakesh Dwivedi, representing the EC, denied the allegations and opposed relying on media reports, stating the EC should not be compelled to respond to unverified claims amid ongoing hearings.

Advocate Prashant Bhushan, representing the NGO challenging the constitutional validity of the EC’s June 24 notice on the SIR exercise in Bihar, described the allegations as “disturbing” and “serious.” He argued that issuing deletion notices directly from the EC violated the Representation of the People Act, which empowers only local electoral officers to issue such notices.

The bench emphasized that formal court action requires evidence placed on record, noting that media reports based on unnamed sources are insufficient.

Solicitor General Tushar Mehta, appearing in a related case, advised that public-spirited persons influenced by political leaders should file petitions directly instead of relying on secondhand information.

During earlier hearings, the court was told the EC must not treat voters with suspicion or act beyond its constitutional role as a facilitator of voting rights. The court has also questioned whether the EC is empowered to conduct inquiries into doubtful voter identities under its mandate.