‘Will Set Aside Entire Exercise If Methodology Found Illegal’: SC Warns ECI On Bihar SIR

The Supreme Court of India. (PTI file photo)

The Supreme Court on Monday said it would strike down the entire Special Intensive Revision (SIR) of electoral rolls in poll-bound Bihar if any illegality is found in the methodology adopted by the Election Commission of India (ECI).

“If we find any illegality in the methodology adopted by ECI at any stage of the Bihar SIR, the entire exercise will be set aside,” the bench observed.

A bench of Justices Surya Kant and Joymalya Bagchi, while hearing challenges to the survey, observed that the court was proceeding on the assumption that the Election Commission, as a constitutional authority, had adhered to the law and complied with all mandatory rules while conducting the Special Intensive Revision (SIR).

The bench on Monday set October 7 for final arguments on the validity of the Bihar Special Intensive Revision (SIR), while declining to give “any piecemeal opinion” on the exercise.

“Our judgment in Bihar SIR will be applicable for Pan-India SIR,” the bench said, making it clear that it could not restrain the Election Commission from carrying out similar exercises for revising electoral rolls across the country.

The judges, however, permitted petitioners opposing the Bihar SIR to also advance arguments on the pan-India SIR when the matter is heard on October 7.

In the meantime, the Supreme Court issued notice on a plea seeking recall of its September 8 order that directed the poll panel to include Aadhaar as the 12th prescribed document in the Bihar SIR.

On that date, the court had clarified that Aadhaar would not serve as proof of citizenship, though the Election Commission could verify its authenticity when furnished by an elector for inclusion in the rolls.