The affidavit was filed in response to the Supreme Court’s July 10 order, which had directed the Election Commission to submit its counter-affidavit by July 21.
The Election Commission informed the Supreme Court on Monday that Aadhaar, Voter ID, and Ration Card can’t be considered as proof of voter eligibility under the ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar.
In the detailed affidavit submitted, the poll body stated that these three documents do not meet the required standards for verifying eligibility during the voter list revision process.
The affidavit was filed in response to the Supreme Court’s July 10 order, which had directed the Election Commission to submit its counter-affidavit by July 21.
The case is scheduled for further hearing on July 28 before a vacation Bench comprising Justices Sudhanshu Dhulia and Joymalya Bagchi.
In its July 10 order, the Bench had declined to halt the electoral roll revision in Bihar and allowed the process to continue.
It had also observed that, since the list of acceptable documents is not exhaustive, the Election Commission should consider including Aadhaar, the Electoral Photo Identity Card, and the ration card in the revision process.
The EC provided specific reasons for excluding each document:
- Aadhaar is not considered proof of citizenship.
- Voter ID cannot be used in this process as SIR is a fresh revision, and previous records are not deemed sufficient.
- Ration Cards, the EC argued, are frequently found to be fake and are therefore unreliable for establishing voter eligibility.
The Commission clarified that the list of 11 documents used in SIR is indicative, not final.
Electoral Registration Officers (EROs) and Assistant EROs are required to examine each document on a case-by-case basis. This means a ration card may still be reviewed, but its acceptance will depend on whether the official finds it trustworthy.
The EC further stated that all decisions will be made in line with the Representation of the People Act, 1950, particularly under Section 22 and Rule 21(A), and that uniform rules will not apply across all cases—each will be assessed individually.
The Commission also told the court that it has the authority to verify citizenship in matters related to the voter list.
