Not required by law to provide list of people not included in draft electoral roll, EC says in response to ADR plea

ADR had on August 5 filed an application seeking directions to EC to publish not just the names, but the reasons for deleting 65 lakh electors at the draft stage. Under the ongoing Special Intensive Revision of rolls in Bihar, which ADR and others have challenged in the court, the EC announced that out of 7.89 crore electors, 7.24 crore had made it to be draft roll, with the remaining found to be dead, permanently migrated, enrolled in multiple places or untraceable.

In its reply filed late Saturday night, the commission cited the Registration of Electors Rules, 1960, which say that a copy of the draft roll is to be made available for inspection outside the Electoral Registration Officer’s office and the ERO is required to make each part of the draft accessible to the public in the respective areas, and give two copies to each recognised party.

“That it is an admitted position that the Respondent has complied with the aforestated obligations. It is submitted that the statutory framework does not require the Respondent to prepare or share any separate list of names of people not included in the draft electoral rolls, or publish the reasons for non-inclusion of anyone in the draft electoral rolls for any reason,” the EC said.

It added that neither the law nor the guidelines provide for preparation or sharing of any such lists.

“…no such list can be sought by the petition as a matter of right. This position is in harmony with the scheme of the Rules, Statute and the guidelines for the following reasons: flrstly, that no inquiry is done for the inclusion of anyone’s name in the draft rolls, and each and every individual whose, Enumeration Form, has been received, has been included in the draft rolls, without any reservation or exception,” the EC said.

It added that those whose names have not been included in the draft roll, can submit a Form 6, which is the EC’s form for registration of new electors, by September 1.

“It is implicit in the filing of Form 6 along with the Declaration by an individual, whose name was not included in the draft roll for non-submission of Enumeration Form, that he/she claims to be neither deceased, nor permanently shifted, nor untraceable,” the EC said.