The Supreme Court also remarked that it was unclear if the additions in the voter list were independent new names or from those who had been deleted earlier.

In oral observations while hearing the pleas challenging the Special Intensive Revision (SIR) of the electoral rolls in Bihar, the Supreme Court on Tuesday (October 7) said that there is confusion about whether the voters added in the final electoral rolls published last week were new voters or those who were deleted in the draft list published in August.

“Final list appears to be an appreciation of numbers…there is confusion of general democratic process about what is the identity of the add-ons. Is it an add-on of deleted names or or is it an add-on of independent new names? There will be some new names also,” Justice Joymalya Bagchi was quoted as saying by LiveLaw.

The Wire has reported that while Bihar’s electoral list has shrunk by 6%, the EC has not provided reasons for the deletion of 47 lakh voters, whether new voters were added through Form 6 or those who filed claims and how many were excluded because they lacked documents.

During the hearing, petitioners pointed out that without the list of names being published, it is not possible to ascertain inclusions and deletions. 

Prashant Bhushan, who was appearing for Association for Democratic Reforms (ADR), said to the court that the SIR had resulted in disproportionate exclusion of women and Muslims. “Instead of cleaning up the voters’ list, the process has compounded the problems,” he was quoted as saying.

On the EC’s claim that those who have been deleted from the voter list can still file an appear, senior advocate Abhishek Manu Singhvi said that there was “no question of appeal” because voters did not know who had been deleted.

“Persons who are deleted do not get notice that they are deleted. They don’t get the reasons. There is no question of appeal because no one knows. Least they [EC] can do is inform [people],” said Singhvi.

Meanwhile counsels for the EC said that the poll body had already announced the dates for the elections in Bihar.

“Mr Dwivedi and Mr Maninder Singh, you have the draft list and the final list. Omission is clear from the names. Just cull out that and give us information,” Justice Bagchi was quoted as saying to the Election Commission’s counsels.

The hearing will continue on October 9.