‘Will set aside Bihar SIR if any illegality found, can’t stop SIR across country’

Final arguments set for October 7

- MPOST BUREAU

The Supreme Court on Monday said it would cancel the entire Special Intensive Revision (SIR) in poll-bound Bihar if any illegality was found in the methodology adopted by the Election Commission of India (ECI).

Hearing the matter against the survey, a bench of Justices Surya Kant and Joymalya Bagchi said it was presuming that the top election body, being a constitutional authority, was following the law and mandatory rules in the conduct of the SIR.

The bench, which fixed October 7 for hearing final arguments on the validity of Bihar SIR, refused to offer any “piecemeal opinion” on the exercise and said, “Our judgement in Bihar SIR will be applicable for pan-India SIR”.

The court had, on September 8, directed that Aadhaar be treated as the 12th valid document for inclusion in Bihar’s electoral rolls during the ongoing Special Intensive Revision. The order followed complaints that election officials were refusing to accept it despite earlier instructions.

The top court overruled the proof of identity and residence.

The court clarified it can't stop the poll panel from conducting a similar exercise for the revision of electoral rolls across the country. The bench, however, allowed petitioners against the Bihar SIR exercise to also argue on the pan-India SIR on October 7.

The top court also clarified that the T publication of the final electoral roll on September 30 will not make any difference to the adjudication of the case.

"What difference will the final publication of the electoral roll make to us? If we are satisfied there is some illegality, we can set it aside," the bench told the petitioners who have challenged the SIR exercise.