TMC Parliamentarian Mahua Moitra moves SC against ECI’s special electoral roll revision in Bihar.

Trinamool Congress MP Mahua Moitra has filed a petition in the Supreme Court challenging the Election Commission of India’s (ECI) June 24 order, which mandates a Special Intensive Revision (SIR) of the electoral rolls in Bihar. The Krishnanagar MP has sought the quashing of the order, terming it “unconstitutional” and in “violation” of fundamental rights guaranteed under Articles 14, 19(1)(a), 21, 325, and 326 of the Constitution of India, as well as provisions of the Representation of People Act, 1950 and the Registration of Electors Rules, 1960.

“Just filed writ petition in Supreme Court challenging ECI notification to conduct SIR in Bihar & seeking a stay on conducting the same in other states including Bengal”, Moitra posted on her X handle. The petition argues that the ECI’s directive introduces “extraneous and legally unsanctioned” requirements for retaining or including names in the electoral rolls, including the production of documents proving citizenship — such as proof of citizenship of one or both parents.

The petition filed through Advocate Neha Rathi, the Trinamool Congress MP argued that these requirements are not envisaged by Article 326 of the Constitution or by any provision of the RP Act, and they create arbitrary hurdles for eligible voters.

Earlier, on June 24^th., the Election Commissioner had announced a Special Intensive Revision (SIR) of electoral rolls in Bihar ahead of the Assembly elections scheduled later this year. As part of the process, voters are required to submit one of 11 approved documents, such as a birth certificate or passport, to verify their date and place of birth. Those born before July 1, 1987, need only provide their own documents. However, those born between July 1, 1987, and December 2, 2004, must also submit one parent’s documents, while individuals born after December 2, 2004, must provide documents for both parents.

According to the plea, the ECI order excludes commonly accepted identity proofs like Aadhaar and ration cards, disproportionately burdening voters — especially those in rural and marginalised communities. Current field reports from Bihar, the petition notes, suggest that lakhs of voters face imminent risk of disenfranchisement due to these stringent document requirements.

“This is the first time the Election Commission has initiated such an exercise, where voters already listed on the rolls and having voted in past elections are now being asked to revalidate their eligibility. She warns that the move may result in widespread disenfranchisement, undermining democratic principles and the conduct of free and fair elections”, Moitra argued in her petition.

The petition also raises concerns about procedural inadequacies. It highlights that the order mandates the exclusion of names from the draft rolls if fresh enumeration forms are not submitted by July 25, 2025 — a deadline the petitioner calls arbitrary and unreasonable, especially for voters needing time to procure documents. The MP has additionally sought a direction to prevent the ECI from extending similar revision drives to other states. She claims the ECI has already issued instructions for the rollout of a similar exercise in West Bengal starting August 2025.

Drawing parallels with the controversial National Register of Citizens (NRC), the plea underscores that the revision exercise appears to follow a similar structure and could disproportionately affect the economically and socially vulnerable populations.

Interestingly enough, TMC Supremo & West Bengal Chief Minister Mamata Banerjee on Thursday strongly criticised the new guidelines under the Special Intensive Revision (SIR) process, alleging they are intended to target West Bengal ahead of its 2026 Assembly elections, and indirectly accused the Election Commission of acting as an agent of the BJP. Criticising the Election Commission for taking the decision unilaterally, the chief minister had said, “This is alarming for democracy. “India became independent in 1947. Why, people born between 1987 and 2004 being targeted? I don’t understand”.

The West Bengal chief minister had claimed that the Election Commission could not take such steps without consulting political parties, underscoring that India is a democratic nation with a federal structure, and that no political party or elected government should be treated as subservient.

“Is this being done so that the younger generation cannot vote? How will the poor obtain their parents’ documents? Is this NRC in disguise? Are they trying to implement NRC through this? Let them clearly state their intention. Is this what’s happening in our country?” Mamata had questioned.

Team Maverick