No Stay on Bihar Draft Electoral Rolls: SC Defers Final Hearing, Supports Use of Aadhaar and Voter I

PTI, NEW DELHI, JULY 28, 2025 : The Supreme Court on Monday refused to stay the publication of the draft electoral rolls in poll-bound Bihar, stating it would ultimately decide the pleas against the Election Commission of India’s special intensive revision (SIR) of electoral rolls.

A bench of Justices Surya Kant and Joymalya Bagchi clarified that it would fix a schedule for the final hearing of the matter on July 29. Senior advocate Gopal Sankaranarayanan, appearing for the NGO Association for Democratic Reforms, had pressed for an interim stay on the publication of the draft rolls, scheduled for August 1, arguing that the electoral rolls should not be finalized in the interim.

The bench noted that the last order of the apex court had recorded that the petitioners were not pressing for interim relief at that time, and thus it could not be granted now. "The matter will be interpreted once for all," the bench stated.

Sankaranarayanan explained that an interim relief had not been sought earlier because the apex court had assured that the matter would be listed for hearing before August 1. However, the bench observed the Election Commission's statement that enumeration forms for the SIR could still be submitted even after the publication of the draft rolls.

"Don’t undermine the power of the court. Trust us. If the court agrees with your submission and if any illegality is found, then this court will quash everything there and then," the bench remarked.

The bench also directed the Election Commission to continue accepting Aadhaar and voter ID as valid documents for the SIR exercise in Bihar, in compliance with its earlier orders. The court acknowledged that both documents carry a "presumption of genuineness." On July 10, a bench led by Justice Sudhanshu Dhulia had instructed the Election Commission to accept Aadhaar, voter IDs, and ration cards as valid documents, allowing the poll panel to proceed with its revision exercise in Bihar.

The Supreme Court reiterated its prima facie agreement with the July 10 order, confirming that the Election Commission had accepted in its counter affidavit that Aadhaar, voter IDs, and ration cards could be used. "As far as ration cards are concerned, we can say they can be forged easily, but Aadhaar and voter IDs have some sanctity and have a presumption of genuineness. You can continue accepting these documents," the bench noted.

Sankaranarayanan, however, contended that despite the Election Commission's assertion in the counter affidavit, ground reports indicated otherwise, suggesting that the process was not being implemented as assured.