Did Incorrect Affidavits by Prashant Bhushan and ADR Mislead the Supreme Court in Bihar SIR Case?

Synopsis
Key Takeaways
- The ECI refutes claims of voter list discrepancies in Bihar.
- Inaccuracies in affidavits submitted by Prashant Bhushan are highlighted.
- The Supreme Court emphasizes the need for verified information.
- Legal aid is being organized for individuals omitted from the voters' list.
- The Bihar Assembly elections are set for November 6 and 11.
New Delhi, Oct 9 (NationPress) The Election Commission of India (ECI) on Thursday strongly denied before the Supreme Court claims that numerous names were removed from the final voter list after the Special Intensive Revision (SIR) of electoral rolls in the forthcoming Bihar elections. Senior advocate Rakesh Dwivedi, representing the ECI, asserted that the affidavits cited by Advocate Prashant Bhushan, representing the Association for Democratic Reforms (ADR), contained inaccuracies.
Dwivedi informed a Bench of Justices Surya Kant and Joymalya Bagchi that many individuals who alleged they were “deleted” were never included in the draft list as they failed to submit their enumeration forms.
The election body highlighted that a “false” affidavit had been submitted, which constitutes perjury. They clarified that the individual in question was never part of the draft list and did not submit the essential enumeration form, resulting in their exclusion. The Justice Kant-led Bench expressed dissatisfaction with Bhushan for submitting the affidavit without adequate verification.
“The individual should have provided accurate information; we do not endorse this,” remarked the apex court. Bhushan tried to defend his stance, mentioning affidavits from 20 other individuals in similar situations, asserting that verifying their authenticity was not feasible.
Nonetheless, the apex court stated, “Given our experience with this affidavit, we are uncertain about the authenticity of the others!” They emphasized that it is ADR’s duty to ensure the credibility of affidavits prior to submission to the top court.
In its directive, the Justice Kant-led Bench urged the Bihar State Legal Services Authority (BSLSA) to liaise with the District Legal Services Authorities (DLSAs) to guarantee the presence of paralegal volunteers and legal aid lawyers to assist those omitted from the voters' list in filing appeals.
With the appeal filing window still available for another five days, the ECI assured the Supreme Court that all received appeals will be addressed promptly.
“DLSAs must disseminate contact information of these volunteers throughout villages, collaborate with Booth Level Officers (BLOs), and ensure that all eligible citizens are made aware of their rights,” the apex court ordered, instructing BSLSA to submit a status report within a week.
Earlier, the ECI informed the Supreme Court that it is committed to upholding the purity and integrity of the voters’ list. “The Commission is aware of its obligations to ensure that the electoral roll remains pure and only eligible individuals, as per Article 326, that is, citizens aged 18 and above who fulfill residency requirements, are registered,” the election body stated in an affidavit.
The response was filed by the Deputy Election Commissioner in reply to an application seeking directions to guarantee that only Indian citizens influence the country’s polity and policy, excluding illegal Pakistani, Afghanistani, Rohingya, and Bangladeshi infiltrators.
The ECI reiterated that Aadhaar cards can serve as valid identification for inclusion or exclusion in electoral rolls, but not as proof of citizenship.
Meanwhile, the ECI announced that the Bihar Assembly elections will occur in two phases, on November 6 and 11, with vote counting set for November 14.
During a press conference, Chief Election Commissioner Gyanesh Kumar referred to the upcoming Bihar polls as the “mother of all elections,” emphasizing the extensive preparations to ensure peaceful and transparent voting.
“We want to assure the voters of Bihar that these elections will not only be smooth and fair but also the most peaceful ever, with a strong emphasis on law and order,” stated the CEC, accompanied by fellow Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi.
This year’s elections represent the first significant electoral process in Bihar following the SIR-driven cleansing of the state’s voter list.