The Bharatiya Janata Party (BJP) leader Ashwini Upadhyay filed a writ petition on July 8 before the Supreme Court seeking directions to the Election Commission of India (ECI) and the Union and State governments to conduct Special Intensive Revision of Electoral Rolls at regular intervals particularly before Parliamentary, State Assembly, and Local Body Elections.
According to a report in LiveLaw, the plea sought a direction to all States to take action against those who help infiltrators by providing fake documents.
The petition raised concerns about “illegal Pakistani, Afghanistani, Bangladeshi, and Rohingya infiltrators” allegedly causing dilution of legitimate votes and posing a threat to public confidence and national security.
It also claimed that infiltrators can decisively influence election results, especially in close contests, and that margins of victory are often within a few hundred votes. The petitioner alleged that illegal infiltration is not just an immigration violation but also amounts to waging war against the Indian state, organized crime, and even treason.
“It is the duty of Centre, State and ECI to conduct Special Intensive Revision of voter lists and give a strong message that India is determined to fight against illegal infiltration. Executive action should be taken to warn corrupt people who help infiltrators that betrayal of public trust will no longer be tolerated”, the petition said.
The BJP leader mentioned the plea before a division bench of Justice Sudhanshu Dhulia and Justice Joymalya Bagchi and sought permission to serve it to the respondents, listing on July 10, along with petitions challenging the Special Intensive Revision of Bihar Electoral Roll.
The bench, however, said that the Registry will decide on listing once the defects are cured. “Let the petitioner cure defects, and thereafter Registry to do the needful”, the Court ordered.
The Supreme Court is seized with a batch of petitions filed by opposition leaders as well as human rights organizations challenging the ECI's move to conduct ‘Special Intensive Revision’ of the electoral rolls in Bihar, where the assembly elections are due a few months away.
Upadhyay's petition specifically mentioned Bihar, which has 243 Assembly constituencies and claimed that there are around 8,000 to 10,000 illegal, duplicate, or ghost entries in every constituency, and that discrepancies of even 2,000 to 3,000 votes can alter electoral outcomes.
In the petition, a Special Intensive Revision conducted in Bihar in 2003 is referred to, highlighting that a new one is overdue due to urbanization, migration, and non-reporting of deaths.
In the plea, the BJP leader has said that a Special Intensive Revision of Bihar electoral roll is necessary to ensure that only genuine citizens vote and highlighting the ECI has assured that no genuine voter will be removed from the list.
It also said that in the Seemanchal region of Bihar, there has been asymmetric population growth due to illegal immigration, adding that this region has a 47% Muslim population, compared to Bihar's statewide average of 18%.
It claimed that infiltration in this region has economic and social consequences, undermining the rule of law.
The petitioner sought that only Indian citizens be allowed to vote, alleging that illegal foreign infiltrators are influencing the country's polity and policy, claiming that the demography of 200 districts and 1500 tehsils has changed since Independence due to “massive illegal infiltration, deceitful religious conversion and population explosion.”
It said that infiltration has caused demographic disruption, created law enforcement challenges, and has served as a cover for anti-national activities, including terrorism, smuggling, human trafficking, and sabotage.
It further pointed out that the state governments are not invoking provisions of the NSA against infiltrators and those who assist them, highlighting that the current version of Forms 6 and 8 under the Registration of Electors Rules, 1960, do not seek information about the citizenship of applicants
Citing Article 324(1) of the Constitution which grants ECI the power of superintendence, direction, and control of elections, it argued that accurate electoral rolls are necessary to ensure free and fair elections under Article 326.
The petition also cited Section 21(3) of the Representation of the People Act, 1950, which provides for special revisions when the normal revision cycle is insufficient.
The writ petition has been filed through Advocate Ashwani Dubey and names the Union of India through the Ministries of Home and Law & Justice, the Election Commission, the governments of all states and union territories, and the Law Commission of India as respondents.
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