Won't delete name from Bihar draft electoral roll without notice: EC to SC
The EC also said that statutory framework does not require it to prepare or share any separate list of names of people not included in the draft electoral rolls.
PTI
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Exclusion of a name from draft electoral roll doesn't amount to deletion from electoral rolls. Photo: PTI
New Delhi, 10 Aug
The Election Commission told the Supreme Court that there would be no deletion of any voter's name from the draft electoral roll in Bihar without issuance of prior notice, affording opportunity of being heard and a reasoned order.
This comes days after Congress leader Rahul Gandhi's allegation that the poll panel had engaged in what he referred to as 'vote chori' in Bihar. The MP also said that his party had "atom bomb" of evidence to prove it.
The poll panel also said that statutory framework does not require it to prepare or share any separate list of names of people not included in the draft electoral rolls, or publish the reasons for non-inclusion of anyone in the draft rolls for any reason.
The EC filed an additional affidavit in the apex court on Saturday, days after it came out with the much-anticipated draft electoral rolls in Bihar, enlisting 7.24 crore voters but knocking off more than 65 lakh names, claiming that most of them had died or migrated.
Separately, the EC also filed its reply to an application filed by the petitioner seeking direction to the poll panel to publish a full and final Assembly Constituency and part/booth wise list of names and details of approximately 65 lakh electors whose enumeration forms were not submitted along with reasons for non-submission.
A bench headed by Justice Surya Kant is hearing the pleas against the EC's Special Intensive Revision (SIR) of electoral rolls in Bihar.
The EC said in its affidavit that, to ensure that no wrongful deletion from the draft rolls was carried out, strict directions were issued to prevent deletion without notice and a speaking order by the competent authority, with provision for appeals under section 24 of the Representation of the People Act, 1950.
The poll panel said it is taking every possible step to ensure that no eligible elector is excluded from the electoral roll. In its separate reply, the poll panel said, "As neither the law nor guidelines provide for preparation or sharing of any such list of previous electors whose enumeration form is not received for any reason during the enumeration phase, no such list can be sought by the petition as a matter of right," it said.
The poll panel said exclusion of a name from draft electoral roll does not amount to deletion of an individual from electoral rolls. It said draft roll simply showed that duly filled enumeration form of existing electors has been received during enumeration phase.
"But, on account of human involvement in execution of this exercise of scale, there is always a possibility that an exclusion or inclusion might surface due to inadvertence or error," it said.
The EC said prior to publication of draft electoral roll, it had directed the CEO and others to share with political parties the booth-level list of individuals whose enumeration forms were not received due to any reason and seek their assistance for reaching out to them.
It alleged that the petitioner's approach was consistent with its earlier attempts to malign EC by building false narratives on digital, print and social media.
"Such attempts should be appropriately dealt with by this court, and heavy costs should be imposed for petitioner's attempts to deliberately mislead this court," it said.
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