
The affidavit filed by the poll panel in a plea challenging the June 24 order directing SIR of electoral roll pan-India starting from Bihar, said despite legal concerns Aadhaar, voter card and ration card were already being considered by the commission for the limited purpose of identity during the SIR-2025 exercise.
“The SIR exercise adds to the purity of elections by weeding out ineligible persons from the electoral roll. The entitlement to vote flows from Article 326 read with Sections 16 and 19 of the RP Act 1950 and Section 62 of the RP Act 1951 which contains certain qualifications with respect to citizenship, age, and ordinary residency. An ineligible person has no right to vote, and thus, cannot claim a violation of Articles 19 and 21 in this regard,” the ECI said in a detailed affidavit.
It referred to the July 17 order of the top court asking the ECI to consider Aadhaar, voter IDs and ration cards for the purpose of SIR-2025.
“In addition to the legal concerns already articulated hereinabove, these documents are, in fact, already being considered by the Commission for the limited purpose of identity, during the SIR process,” it said.
The ECI continued, “A bare perusal of the enumeration form issued under the SIR Order reveals that the Aadhaar number may be voluntarily furnished by a person furnishing the enumeration form. Such information is utilised for the purpose of identification, in accordance with Section 23(4) of the Representation of the People Act, 1950, and Section 9 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.
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