“Basically, it is a relief for democracy. The case is again fixed for the 28th of this month,” Venugopal told reporters, when asked about the Supreme Court’s suggestion.
He said the court asking the EC to allow Aadhaar cards, ration cards and voter-ID cards for the identification of voters during the special exercise is in itself a big thing.
“That itself is the biggest thing coming from the Supreme Court. The Supreme Court has given its view through that to ensure that Aadhaar cards, ration cards and election-ID cards should be part of a verification process in a democratic set up. I think the EC will go with that suggestion of the Supreme Court. Let us wait for that,” the Congress leader said.
Senior spokesperson of the party Abhishek Singhvi, who is the lead counsel in the Supreme Court for eight political parties as also for Trinamool Congress (TMC) leader Mahua Moitra and the People’s Union for Civil Liberties (PUCL) in the matter, said he will not elaborate on the merits of the case as it is sub-judice.
“Suffice it to say that after extensive arguments, the Supreme Court has clearly suggested that three documents, namely Aadhaar, voter-ID and ration cards, be also considered by the EC in the process of enumeration. Hitherto they were alleged by us to be excluded all over Bihar.
“This is a significant advance. All other merits remain open and time for reply and rejoinder has been given till the end of July,” he said.
On the main issue, Singhvi said their contentions are significant and will be considered by the court on a later date.
“Those contentions include the important point that for the first time, the presumption of eligibility and valid voter registration has been reversed by the EC by putting all electors already existing on the rolls after 2003 in a state of suspended animation, unless they prove the validity of their status,” he noted.
The Congress leader said furthermore, it was argued in the court that the status was to be proved principally by a recourse to the birth certificates either of the person concerned or of any or both parents.
“It was also argued that on citizenship issues and determination thereof, the EC had no jurisdiction. These and other substantive points will be considered by the court on the next date of hearing after the pleadings are complete. It is an ongoing sub-judice exercise,” Singhvi said.
The apex court on Thursday allowed the EC to continue with its Special Intensive Revision (SIR) of the electoral rolls in Bihar, calling it a “constitutional mandate”.
A bench of Justices Sudhanshu Dhulia and Joymalya Bagchi, however, questioned the timing of the move, besides offering its prima facie view that Aadhaar cards, voter-ID cards and ration cards could be considered during the exercise.
“We are of the prima facie view that Aadhaar cards, voter-ID cards and ration cards be allowed in the Special Intensive Revision of the electoral rolls,” the bench said.
Noting that none of the petitioners, including the leaders of 10 opposition parties, had prayed for an interim stay of the poll panel’s exercise, the bench sought the EC’s response on the batch of petitions and posted the matter for hearing on July 28.
The EC, the bench said, should file a counter-affidavit to the petitions by July 21, adding that rejoinders should be filed by July 28.
The top court said it was not doubting the EC’s credentials and sincerity in doing the exercise, which was a constitutional mandate, but added that the timing of the process was raising doubts. PTI SKC RC
