Supreme Court Directs Free Legal Aid for Voters Excluded from Bihar Electoral Rolls

New Delhi:

The Supreme Court interrogated petitioners contesting the 'special intensive revision' of electoral registers ahead of the Bihar election. Justice Joymalya Bagchi remarked that arguments presented contained 'too much passion with little reason,' while questioning why few appeals had been filed by individuals allegedly wrongfully removed from voter lists.

Nevertheless, the court emphasized that regardless of these proceedings' outcome, it is essential to 'ensure right to appeal to persons stated to have been excluded from final list.' Consequently, the court instructed the state's Legal Services Authority to provide free legal assistance in this matter.

"They will collect information with reference to persons who have been excluded from the final list... offer services to draft appeals and free legal aid counsel," stated the Supreme Court.

Petitioners alleged that approximately 3.66 lakh excluded voters cannot file appeals against their exclusion because the Election Commission has not formally notified them about removal from voter lists, necessitating manual verification in each case.

They contended this constitutes a procedural violation by the electoral body.

"They are not giving (details) of persons removed from the draft list... with all the technology they have. As a result, we have to spend 100s of hours going through," advocate Prashant Bhushan, representing the Association of Democratic Reforms, one of the petitioners, explained.

Following the court's request from Tuesday's hearing, petitioners ultimately presented around 100 individuals who claimed removal from electoral rolls without notification.

The Election Commission, however, maintained that every excluded individual has received notice. It also challenged the authenticity of the petitioners' affidavit containing details of the 100 people who claimed they were not provided reasons for exclusion from Bihar's voter list.

When the EC requested time to verify these details, the court noted that voter rolls will freeze on October 17, the nomination filing deadline, before voting commences on November 6.

Addressing concerns about appeal timeframes, Justice Surya Kant assured, "We will see to that... if timelines are not there, we can fix them." The court also promised petitioners support if 'appeals are dismissed with cryptic, one-line orders,' stating, "We re-assure you..."