No statutory mandate to publish reasons for exclusion from draft electoral roll: Election Commission tells SC

New Delhi: The Election Commission (EC) has told the Supreme Court that it is not statutorily obliged to publish a separate list of persons who have not been included in the draft electoral roll in Bihar. In an affidavit submitted before the apex court on the Bihar Special Intensive Revision (SIR) of electoral rolls, the panel also said that it is not mandated to furnish reasons for the non-inclusion.

The Commission said that it has shared with political parties the booth-level list of individuals whose Enumeration Forms were not received due to any reason and sought their assistance in reaching out to those persons.

After the publication of the draft rolls, the political parties were supplied with an updated list of names of electors not included in the draft roll to ensure all attempts are made to reach out to these individuals and no eligible elector is left out, the EC said in the affidavit.

The Commission informed the apex court that individuals who are missing from the draft roll have the option of submitting a declaration to seek their inclusion.

The submissions came in response to an application filed by the Association for Democratic Reforms (ADR), which had sought directions for the publication of a separate list of excluded individuals and the disclosure of reasons for their exclusion. The ECI opposed the plea, asserting that such measures are not required under the Rules.

On August 6, the Supreme Court had asked the ECI to respond to the application, after Advocate Prashant Bhushan mentioned it.
(With LiveLaw inputs)