New Delhi:
The Supreme Court said on Monday that it would ‘set aside’ the Special Intensive Revision (SIR) drive of electoral rolls in poll-bound Bihar if it finds any ‘illegality in methodology’ adopted by the Election Commission of India (ECI). Fixing October 7 as the final hearing of arguments, the top court also stated that it cannot give any ‘piecemeal opinion’ on the matter, and the final verdict would be applicable for pan-India SIR.
A two-judge bench, which included Justices Surya Kant and Joymalya Bagchi, further stated that it presumes that the poll body, which is a constitutional authority, would follow law and mandatory rules during the entire Bihar SIR process. The apex court also refused to modify its September 8 order directing the Election Commission to include Aadhaar card as the 12th prescribed document in the Bihar SIR.
“Driving licenses can be forged… ration cards can be forged. Several documents can be forged. Aadhaar is to be utilised to the extent law permits,” the top court remarked, as reported by Bar and Bench. “We’ll take up thew matter on 7th October. Meanwhile each of you prepare a brief note of arguments.”
What was Supreme Court’s September 8 directive?
On September 8, the top court directed the poll body to include the Aadhaar card as an identity proof of voters in the Bihar SIR drive. It also sought the Election Commission’s explanation on the showcause notices it issued to poll officials for not accepting the Aadhaar card from voters.
During the hearing, the court had said that the Aadhaar card is “not alien to the Representation of People Act and Section 23 (4) of the Act”.
“We direct the Election Commission of India and its authorities to accept Aadhar card as a proof of identity for the purpose of inclusion or exclusion in the revised voter list of the state of Bihar. Aadhaar card, for this purpose, shall be treated as the 12th document by the authorities,” the court told the poll body. “It is, however, made clear that the authorities shall be entitled to verify the authenticity and genuinity of the Aadhaar card, like any of the other enumerated documents, by seeking further proof/documents.”
