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in assam voter list amendment A big legal dispute has arisen regarding (SIR). A petition has been filed in the Supreme Court challenging the Election Commission’s decision to conduct “Special Revision” in the state. The question raised in the petition is that when the process of “Special Intensive Revision” (SIR) is going on in Bihar and 12 other states and union territories, then why the same practice is not being implemented in Assam.

According to the report of Bar & Bench, this petition has been filed by Mrinal Kumar Chaudhary, former President of Gauhati High Court Bar Association, in which the Election Commission’s order of November 17 has been described as arbitrary and discriminatory. According to the petition, since the Commission itself had said in the affidavit that SIR would be implemented across the country, issuing separate guidelines for Assam is unconstitutional.

‘Election Commission is violating its own policies’

The petition states that SIR has been implemented in Gujarat, Madhya Pradesh, Rajasthan, Tamil Nadu, Uttar Pradesh, West Bengal, Goa, Kerala, Chhattisgarh, Andaman-Nicobar Islands, Lakshadweep and Puducherry, but by issuing the order of “Special Revision” only for Assam, the Election Commission is violating its own policies. This will affect the accuracy of the voter list of Assam and have a serious impact on the electoral process.

‘Names of lakhs of illegal immigrants in voter list’

The petition also cites the report of former Assam Governor Lieutenant General SK Sinha and the statements of the then Union Home Minister Inderjit Gupta, in which it was clearly said that in the year 1997, 40 to 50 lakh illegal migrants were living in the state. The petitioner claims that even at present lakhs of illegal migrants are residing in Assam and their names have been included in the voter list. In such a situation, without SIR, they will get unfair voting rights in the upcoming assembly elections, which will have a far-reaching impact on the socio-political structure of the state.

The Supreme Court itself has expressed concern over illegal migration

The petition also argues that the Supreme Court itself has expressed concern over the demographic threat posed by illegal migration – be it in the context of the Sarbananda Sonowal I and II judgments or the observations made during the hearing to Section 6A of the Citizenship Act. In such a situation, when the Supreme Court is aware of this issue, then the Election Commission’s decision not to conduct SIR in Assam is not justified.

Aadhaar should not be considered as identity card

The petitioner has prayed to the Supreme Court that the decision of the Election Commission to conduct only special revision should be canceled and SIR should be made mandatory in Assam like Bihar and other states. Apart from this, the petition also demands that Aadhaar card should not be recognized as identity proof or eligibility proof during voter list revision, as it has no legal basis.

The petition has been prepared by senior advocate Vijay Hansaria and filed through advocate Anasuya Chaudhary. Now the hearing in the Supreme Court will decide whether the process of amendment of voter list in Assam will be like other states of the country or the present structure will remain intact.