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Bihar Voter Exclusion: Supreme Court vs. Election Commission Over Eligibility Criteria

by Lucas Fernandez – World Editor

Indian ⁤Election Commission Faces Scrutiny‌ Over Electoral ⁣Roll revision – An Analysis

The Indian Election Commission (ECI)⁢ is ‌navigating a complex ⁣situation involving the revision of⁢ electoral rolls, facing⁤ criticism from petitioners, human rights activists, and opposition parties, while also responding to⁤ directives from the Supreme Court. The controversy centers around the Special Intensive revision (SIR) of electoral rolls and its potential impact on voter disenfranchisement.

The ECI initiated the SIR, stating its⁣ purpose was to identify and remove non-citizens from the ⁤electoral ⁣rolls, specifically those‌ suspected⁣ of being illegal migrants from Bangladesh ⁣and‌ Nepal. Though,⁢ the Supreme Court cautioned the ‌ECI, ⁢clarifying ​that verifying citizenship falls under the purview of the Central ⁤Home⁤ Ministry, ⁣not the Election Commission. The ECI countered by ⁤arguing that only citizens are eligible to vote, necessitating the ⁤identification of non-citizens.

To facilitate this process, the ⁤ECI instructed booth Level ⁣Officers (BLO) ⁢to flag “cases of suspected foreign nationality” under the‌ Citizenship Act. This led to concerns that individuals lacking any of⁣ the 11​ documents deemed acceptable proof of citizenship coudl be suspected of being illegal immigrants,​ potentially facing detention in special camps and deportation. Bengali-speaking muslim voters were specifically identified as being particularly vulnerable to this‌ risk.

Concerns have been raised regarding ⁤the data‌ collection methods employed during the SIR. Social activist Yogendra Yadav and YouTuber Ajit Anjum have alleged fraudulent practices. According to ECI directives, BLOs were to⁣ visit each household twice, distributing duplicate Enumeration Forms pre-printed with existing elector details.However, ⁤Yadav claims BLOs⁣ often failed to adhere to these guidelines, providing only​ one form instead of two and struggling to meet imposed deadlines.

Anjum released reports alleging that a ​significant number of forms – Yadav estimates at‌ least 25% – were filled in by BLOs without the voter’s consent or knowledge. Moreover, many submitted forms ⁢lacked accompanying documentation.⁤ While the ECI stated documents could be submitted later, individuals⁣ remain ineligible to vote⁢ until their documentation‍ is accepted.

Observers have criticized‌ the ECI’s methodology as unscientific, suggesting the intention ​is to manipulate the electoral roll to ⁢benefit ‍the⁢ ruling Bharatiya Janata party (BJP). They ⁤argue that those lacking the⁤ required 11⁤ documents are likely to be from weaker sections of society, leading⁢ to disproportionate⁣ disenfranchisement.

Petitioners in the Supreme Court contend that denying the right to vote would violate the Representation of​ peoples Act, 1950 and the Registration of Electors Rules 1960, and would ⁢be unconstitutional given the ‌fundamental principle of⁢ Worldwide Adult Franchise enshrined in the Indian constitution.

Opposition leaders have voiced strong criticism.‍ Congress party MP Rahul gandhi, Leader of the Opposition in the⁢ lower ⁣house of parliament, alleged the ECI is attempting to steal⁣ votes in Bihar, mirroring alleged actions in previous elections in Maharashtra and Karnataka.He‍ claims a pattern of adding ​new votes while simultaneously removing existing ‌voters.

West Bengal Chief Minister ​and Trinamool Congress chief Mamata ⁢Banerji has stated she will‍ not allow the‍ SIR to proceed in West Bengal. In Manipur, the ⁣local⁤ BJP unit has requested that⁣ the SIR not be conducted in their state.Tejaswi Yadav, leader of the ‌rashtriya Janata Dal (RJD),⁤ has⁣ proposed a boycott of ⁤the Bihar elections by‍ opposition parties in response to the situation.

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