Senior lawyers Kapil Sibal and Abhishek Manu Singhvi have mentioned these cases before the bench comprising Justice Sudarshan Dhulia and Justice Jaymalya Bagchi.
Supreme Court of India (File Photo: SNS)
The Supreme Court has granted permission to discuss on Thursday the cases challenging the Election Commission’s directive for a Special Intensive Review (SIR) of the voter list in Bihar.
Elections are scheduled to take place in Bihar later this year and in Bengal next year. Senior lawyers Kapil Sibal and Abhishek Manu Singhvi have mentioned these cases before the bench comprising Justice Sudarshan Dhulia and Justice Jaymalya Bagchi. The senior lawyer has requested an immediate hearing on this matter.
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Senior Advocate Prashant Bhushan, on behalf of ADR, told The Statesman, “If the SIR order from June 24 is not revoked, millions of voters may be unjustly deprived of their right to elect their representatives without due process. Such an outcome could disrupt free and fair elections and democracy in the country, which is a fundamental aspect of the constitutional framework.”
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After the completion of the first phase of the SIR in Bihar, the Election Commission has begun sending notices to Bengal as well.
According to sources, the SIR work in Bengal is set to commence in August. So far, four petitions have been filed challenging the Election Commission’s decision to conduct the SIR of the voter list in Bihar, with these petitions submitted by the ‘Association for Democratic Reforms’ (ADR), social activist Yogendra Yadav, Trinamool Congress MP Mahua Moitra, and RJD Rajya Sabha MP Manoj Jha.
The petitioners argue that the Election Commission’s actions violate Articles 14, 19, 21, 325, and 326 of the Constitution, as well as Rule 21A of the Representation of the People Act, 1950, and the Voter Registration Rules, 1960.
Trinamool Congress MP Mahua Moitra has requested the annulment of the order dated June 24, which is conducting a special in-depth review (SIR) in potential violation of various provisions of the Constitution.
RJD MP Manoj Jha has asserted that an alternative directive should be issued instructing the election authority to accept all documents specified in Form 6 in support of the declaration, along with the counting form and declaration form (attachments C and D associated with the order dated 24-06-2025).
The application submitted by the ADR indicates that, according to estimates, over three crore voters, particularly from marginalised communities (such as SC, ST, and migrant workers), may be excluded from voting due to the stringent conditions outlined in the SIR order.
It states, ‘The current report from Bihar reveals that millions of voters in rural and marginalised communities lack the necessary documents that are being claimed. This is a significant issue in areas where the SIR is already in effect.
Abhishek Manu Singhvi stated, “The application to the ADR indicates that ‘the current report received from Bihar shows that millions of voters in rural and marginalised communities do not possess the documents that are being claimed from them. This is applicable where the SIR is already in progress.’
An application has been made to cancel the Election Commission’s directive issued on June 24 regarding the SIR of the voter list in Bihar and to revoke the communication. The application argues that this violates Articles 14, 19, 21, 325, and 326 of the Constitution, as well as the provisions of the Representation of the People Act, 1950, and Rule 21A of the Voter Registration Rules, 1960.”
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