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Supreme Court Petition Against Election Commission's Directive

Mahua Moitra, a Member of Parliament from West Bengal, has filed a petition in the Supreme Court challenging the Election Commission's directive for a special review of the voter list in Bihar. She argues that this order is erroneous and could disenfranchise many eligible voters.

Details of the Election Commission's Directive

On June 24, 2025, the Election Commission issued an order mandating an intensive review of the voter list in Bihar. This directive requires individuals already listed as voters, including those who have voted multiple times, to provide new documentation to prove their citizenship. This documentation must also include proof of their parents' citizenship. Failure to comply could result in their names being removed from the voter list.

Concerns Raised by Mahua Moitra

Moitra's petition highlights that the directive violates several provisions of the Indian Constitution, including Articles 14, 19(1)(a), 21, 325, 326, as well as the Representation of the People Act, 1950, and the Electoral Registration Rules, 1960. Her primary concerns include:

Disenfranchisement of Voters: The petition asserts that this order will prevent a significant number of eligible voters from exercising their right to vote, adversely affecting the integrity of democracy and fair elections.

Unprecedented Requirements: This is the first instance where the Election Commission has demanded that even those already on the voter list prove their eligibility.

Exclusion of Common ID Proofs: The order does not recognize common identification documents such as Aadhaar and ration cards, placing an undue burden on voters and complicating the process of gathering necessary documentation.

Impact on the Underprivileged: The petition also notes that this directive will disproportionately affect the poor and marginalized communities, drawing parallels to the previously criticized National Register of Citizens (NRC).

Insufficient Timeframe: The order stipulates that if new forms are not submitted by July 25, 2025, names will be removed from the draft list. The petition argues that this short timeframe is unreasonable.

Potential Implications for Other States

The petition further requests that the Election Commission be prohibited from issuing similar orders in other states. Moitra has learned that a similar review is planned to commence in West Bengal in August 2025. This petition has been filed by lawyer Neha Rathi.

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