ECI Clarifies: No Legal Obligation to Share Details of Those Excluded From Draft Electoral Roll

Speedy Summary

• The Election Commission of India (ECI) informed the Supreme Court that it is not legally required to prepare or share separate lists of names missing from draft electoral rolls, nor provide reasons for their non-inclusion.
• This statement came in response to a plea by NGO Association for Democratic Reforms (ADR), which sought booth-wise lists of approximately 65 lakh electors in Bihar excluded from the draft roll, along with reasons like death, relocation, duplication, or untraceability.
• The ECI cited compliance with relevant legal frameworks under the Representation of People Act, 1950 and Registration of Electors Rules (RER), 1960. Draft rolls were published on August 1 and made available for inspection locally. Political parties were also given updated lists to aid final inclusivity efforts.
• Booth Level Officers (BLOs) conducted meetings with party-level agents post-publication to further address omissions and include eligible voters during the revision phase.
• Citizens could file Form 6 applications untill September 1 if their names were missing from the initial draft rolls.
• CPI(M-L) had raised concerns about errors in deletions on the preliminary list but acknowledged receiving related updates from ECI.
• ECI reasoned that exclusions seen in preliminary drafts do not equate to permanent deletions; remedies for inclusion during claims/objections processes remain operative.

Indian Opinion Analysis
The Election Commission’s clarification underscores its adherence to existing legal procedures while addressing concerns over alleged gaps in Bihar’s Special Intensive Revision process. By emphasizing clarity measures-such as allowing public review of draft rolls and involving political parties-the ECI appears committed to ensuring an inclusive voter registration process while standing firm against demands perceived as exceeding statutory obligations.

This case raises larger questions about balancing efficient administrative processes with absolute electoral fairness-especially when nearly one crore voters are reportedly at stake ahead of polls.Even though provisions like Form 6 enable corrections before final roll publication, robust outreach mechanisms will be critical moving forward, ensuring no eligible citizen is inadvertently disenfranchised amid logistical challenges or lapses at local levels.

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