SC backs EC, says Aadhar, Ration Card cannot be accepted as conclusive proof of residence

The Supreme Court on Tuesday backed the Election Commission's view that Aadhar cannot be accepted as conclusive proof of residence in the Special Intensive Revision (SIR) of electoral rolls in Bihar.

A bench of of Justices Surya Kant and Joymalya Bagchi heard senior advocate Kapil Sibal, representing RJD leader Manoj Jha, who alleged discrepancies, including people listed as dead being found alive, and vice versa.

Sibal, appearing for the petitioners argued that despite residents holding Aadhaar, ration and EPIC cards, officials were “not accepting it” as proof of anything.


However, Justice Kant said such documents could “bonafide show you’re resident of that area”, TOI rpeorted.

The top court observed that the situation over revision of electoral rolls is largely due the "trust deficit" between the Election Commission and the opposition.

Justice Kant said it was a “very sweeping argument” to suggest no one in Bihar possessed valid documents and noted Aadhaar and ration cards existed but could not be treated as definitive proof.

Senior advocate Rakesh Dwivedi, appearing for the EC, argued that an exercise of such a nature was “bound to have some defects”. However, he said that the errors could be corrected within September 30.

Opposition leaders and civil society groups have petitioned against the EC’s June 24 decision.

On July 29, the apex court had warned to step in immediately if there was “mass exclusion” of voters.

The draft roll was published on August 1, with the final version due on September 30. Opposition parties claim the process could disenfranchise lakhs of eligible voters.

Multiple pleas have been jointly filed by leaders from RJD, Trinamool Congress, Congress, NCP (Sharad Pawar), CPI, SP, Shiv Sena (Uddhav Thackeray), JMM, CPI (ML), along with PUCL, ADR and activist Yogendra Yadav, challenging the EC’s June 24 decision.

(With ToI inputs)