When the Election Fee (EC) introduced a “Particular Intensive Revision” (SIR) of Bihar’s electoral rolls on June 24, it cited the necessity to make sure that all electors on the revised roll meet the eligibility standards of age and citizenship — together with those that had been added after 2003, the 12 months the final intensive revision was undertaken within the state.
However barely a 12 months earlier, when the query of alleged unlawful immigrants grew to become a flashpoint throughout the Meeting elections in neighbouring Jharkhand, the ballot panel’s prime official within the state had defended the EC’s “elaborate provisions” for getting ready electoral rolls — significantly these regarding citizenship. By the way, the final intensive revision in Jharkhand was additionally performed in 2003, the identical 12 months as Bihar.
The truth is, in an affidavit filed within the Jharkhand Excessive Court docket on September 3, 2024, in a case involving alleged unlawful immigrants acquiring id paperwork, together with Voter ID playing cards, the state’s Chief Electoral Officer, Okay Ravi Kumar, cited the EC’s directions on the routine preparation and revision of electoral rolls to argue that the Fee had established “clear safeguards” to forestall the enrolment of ineligible individuals.
Nevertheless, in the identical affidavit, the Jharkhand CEO additionally underlined the boundaries of an Electoral Registration Officer’s (ERO’s) powers to query or provoke an inquiry into a person’s citizenship — particularly “within the absence of any credible allegation and the existence of respectable government-issued paperwork.” The affidavit mentioned that in case of any doubt relating to an applicant’s citizenship, the ERO might seek the advice of the Ministry of Dwelling Affairs (MHA) earlier than making a call, and in case of an objection filed within the type of Kind 7, the burden of proof initially lay with the objector.
The Excessive Court docket was listening to a case filed by Danyaal Danish, a Jharkhand resident and BJP employee, who sought motion in opposition to alleged unlawful immigration from Bangladesh. In August 2024, the court docket had requested the Union and State authorities entities involved to file affidavits on the steps taken to cope with the problem.
The CEO’s affidavit offered an in depth clarification of the processes adopted by EROs, whereas underlining that it’s the Union authorities, via the MHA, that may decide citizenship.
“…it’s respectfully submitted that the Election Fee of India has formulated elaborate provisions relating to entry of names throughout preparation of electoral roll, and deletion of names on objection or doubt about their citizenship have been included within the election legal guidelines and handbook,” the affidavit mentioned.
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The CEO mentioned the Fee had established “clear safeguards” to forestall enrolment of ineligible individuals as per its Handbook on Electoral Roll, 2023. In accordance with this handbook, the ERO has to fulfill himself or herself that an applicant is an Indian citizen. On the paperwork that the ERO can depend on, the handbook says, although there isn’t a customary and uniform doc, an illustrative record of paperwork that “might” be referred to includes “Nationwide Register of Residents, wherever it exists, citizenship certificates issued by a reliable authority, a sound passport issued by Authorities of India and beginning certificates.”
The affidavit additional mentioned that in case of any doubt, the ERO ought to refer the matter to the MHA to find out as per the Citizenship Act. In case of an objection to an elector on the rolls, it must be filed in a Kind 7. “In case of an objection filed in Kind 7 in search of deletion of identify from the electoral roll on the bottom that the particular person objected to will not be a citizen of India, the onus of proof shall initially lie on the objector. This can be a shifting burden of proof…Due to this fact, the Electoral Registration Officer would justifiably require the particular person involved, to indicate proof that he’s a citizen of India,” the affidavit mentioned.
Importantly, the affidavit mentioned: “Within the absence of any credible allegation and the existence of respectable government-issued paperwork, the ERO’s authority to query or provoke enquiry into a person’s citizenship turns into restricted…Additional, ought to there be any purpose to suspect that any of the certificates produced by the applicant is bogus or issued with out due care, the ERO is instructed, as per paragraph 7.4.1. of Chapter 7 of the Handbook on Electoral Rolls to [refer to] the authorities that issued that certificates. That is one other efficient mechanism prescribed for coping with the problem of unlawful migration.”
On this case, the CEO mentioned, the petitioner had not filed any Kind 7, and in case any had been filed sooner or later, the ERO would take acceptable motion after due inquiry. The affidavit, nonetheless, did point out that the District Election Officer-cum-Deputy Commissioner of Sahibganj had acquired a grievance on August 27, 2024, from Kartik Kumar Saha, former BJP district president, alleging that 71 electors who had EPIC playing cards had been allegedly Bangladeshis and due to this fact ineligible to be on the rolls.
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When reached for touch upon the grievance, the Jharkhand CEO declined to remark, saying the matter was sub-judice. The District Election Officer-cum-Deputy Commissioner of Sahibganj, Hemant Sati, mentioned an inquiry had been performed into the allegations levelled in opposition to the 71 electors and the report submitted to the court docket. He mentioned all of the electors involved had been dwelling within the state for 30-40 years and had been discovered to have legitimate authorities paperwork like Aadhaar playing cards. Many had even availed advantages of presidency schemes like PM Awas Yojana.
Whereas listening to the petition final 12 months, the Excessive Court docket had requested the Deputy Commissioners of six districts — Godda, Jamtara, Pakur, Dumka, Sahibganj and Deoghar — the place “majority of infiltrators” had been reported, to submit affidavits giving particulars of such people “after going via their Aadhaar Playing cards, Voter Playing cards and by evaluating with the Report of Rights to determine their residency within the space which falls underneath the Santhal Pargana area”, as per a September 20, 2024 order.
Barring Sahibganj, all DCs disputed the allegation that unlawful immigrants had been current of their districts. The court docket had then requested the state and Union governments to kind a fact-finding committee, which was challenged by the Jharkhand authorities within the Supreme Court docket. The matter is pending in each the Supreme Court docket and the Excessive Court docket.
As per the EC’s June 24 order, all 7.8 crore current electors in Bihar should fill out enumeration varieties by July 25 to be included within the draft roll, which is scheduled for publication on August 1. As well as, voters who had been added to the rolls after January 1, 2003 — the 12 months of the final intensive revision — are required to submit paperwork to determine their eligibility, together with proof of citizenship.
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Opposition events and civil society teams have raised considerations that the train might disenfranchise real electors. The EC’s determination to conduct the SIR has been challenged via a number of petitions within the Supreme Court docket, which has requested the Fee to file its response by July 21.