Plea In Supreme Court Seeks Regular Special Intensive Revision Of Electoral Rolls Before Every Election
BJP chief Ashwini Upadhyay has filed a writ petition earlier than the Supreme Courtroom searching for instructions to the Election Fee of India (ECI) and the Union and State governments to conduct Particular Intensive Revision of Electoral Rolls at common intervals, significantly earlier than Parliamentary, State Meeting, and Native Physique Elections.
The plea additionally seeks a route to all States to take motion in opposition to those that assist infiltrators by offering pretend paperwork.
“it’s the responsibility of Centre, State and ECI to conduct Particular Intensive Revision of voter lists and provides a robust message that India is decided to struggle in opposition to unlawful infiltration. Govt motion must be taken to warn corrupt individuals who assist infiltrators that betrayal of public belief will not be tolerated”, the petition states.
Upadhyay talked about the plea as we speak earlier than a bench of Justice Sudhanshu Dhulia and Justice Joymalya Bagchi searching for permission to serve it to the respondents and itemizing on July 10, together with petitions challenging the Special Intensive Revision of Bihar Electoral Roll.
The bench, nevertheless, mentioned that the Registry will determine on itemizing as soon as the defects are cured. “Let the petitioner treatment defects, and thereafter Registry to do the needful”, the Courtroom ordered.
Numerous petitions have been filed by opposition leaders in addition to human rights organizations earlier than the Supreme Courtroom difficult the ECI’s transfer to conduct “Particular Intensive Revision” of the Electoral Rolls in Bihar, the place the meeting elections are due a couple of months away.
Upadhyay’s petition, which seeks common Particular Intensive Revisions, particularly refers to Bihar, which has 243 Meeting constituencies. It claims that there are round 8,000 to 10,000 unlawful, duplicate, or ghost entries in each constituency, and that discrepancies of even 2,000 to three,000 votes can alter electoral outcomes. It refers to an earlier Particular Intensive Revision performed in Bihar in 2003 and submits {that a} new one is overdue as a result of urbanization, migration, and non-reporting of deaths.
The writ petition has been filed via Advocate Ashwani Dubey and names the Union of India via the Ministries of House and Regulation & Justice, the Election Fee, the governments of all states and union territories, and the Regulation Fee of India as respondents.
The petitioner has sought that solely Indian residents be allowed to vote, alleging that unlawful overseas infiltrators are influencing the nation’s polity and coverage. The petition claims that the demography of 200 districts and 1500 tehsils has modified since Independence as a result of “large unlawful infiltration, deceitful spiritual conversion and inhabitants explosion.”
The plea cites Article 324(1) of the Structure, which grants ECI the ability of superintendence, route, and management of elections, and argues that correct electoral rolls are mandatory to make sure free and honest elections below Article 326.
The petition depends on Part 21(3) of the Illustration of the Folks Act, 1950, which supplies for particular revisions when the traditional revision cycle is inadequate.
The petition raises considerations about “unlawful Pakistani, Afghanistani, Bangladeshi, and Rohingya infiltrators” allegedly inflicting dilution of reputable votes and posing a risk to public confidence and nationwide safety. It claims that infiltrators can decisively affect election outcomes, particularly in shut contests, and that margins of victory are sometimes inside a couple of hundred votes. The petitioner alleges that unlawful infiltration isn’t just an immigration violation but in addition quantities to waging struggle in opposition to the Indian state, organized crime, and even treason.
The plea states that infiltration has brought about demographic disruption, created legislation enforcement challenges, and served as a canopy for anti-national actions, together with terrorism, smuggling, human trafficking, and sabotage. It contends that the state governments should not invoking provisions of the NSA in opposition to infiltrators and those that help them.
Based on the petition, the present model of Kinds 6 and eight below the Registration of Electors Guidelines, 1960, don’t search details about the citizenship of candidates. It argues that verifying citizenship is a core requirement for the best to vote below Article 326 and the Illustration of the Folks Act, 1951.
The plea refers to the same train in Assam in 1997, the place door-to-door verification resulted within the marking of uncertain voters (D-voters), whose instances have been referred to Foreigners Tribunals. The petition claims that this course of included safeguards of pure justice.
The plea argues that the Particular Intensive Revision of Bihar Electoral Roll is important to make sure that solely real residents vote and that highlights the ECI has assured that no real voter might be faraway from the listing.
The petition additionally claims that within the Seemanchal area of Bihar, there was uneven inhabitants progress as a result of unlawful immigration. It states that this area has a 47% Muslim inhabitants, in comparison with Bihar’s statewide common of 18%.
The plea alleges that infiltration on this area has financial and social penalties and undermines the rule of legislation.
Case no. – Diary No. 36126 of 2025
Case Title – Ashwini Kumar Upadhyay v. Union of India