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

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

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"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.

At the outset, senior advocate Rakesh Dwivedi, appearing for the Election Commission, requested the bench that the court should defer the hearing till the final assessment of the SIR exercise is made.

Senior advocate Gopal Sankarnarayanan, appearing for NGO Association for Democratic Reforms (ADR), said that the ECI is moving ahead with the preparations for conducting the SIR exercise in other states.

"We have to address the court on the legal aspect of the exercise. If it is found that there is a perversion of a constitutional scheme, we may press that this may not continue. There is no question of proceeding with other states and establishing a fait accompli," he submitted.

The bench told him that the court cannot stop the poll panel from conducting the SIR exercise. Advocate Vrinda Grover, appearing for some activists, said no one should be denied a right to vote because of an illegal methodology.