Moitra, known for her outspoken advocacy and sharp critique of policies she deems unjust, argues that the ECI’s directive violates fundamental rights enshrined in Articles 14 (equality), 19(1)(a) (freedom of expression), 21 (life and liberty), 325, and 326 (election-related rights) of the Constitution. She also claims it contravenes the Representation of People Act, 1950, and the Registration of Electors Rules, 1960. “This is the first time in India’s history that voters who’ve been on the rolls for years, who’ve cast their ballots in multiple elections, are being asked to prove their eligibility again,” Moitra said in her plea, filed through advocate Neha Rathi. “It’s absurd and dangerous.”
The ECI’s order, issued on June 24, mandates a house-to-house verification in Bihar to update the voter list, citing reasons like rapid urbanization, migration, unreported deaths, and the alleged inclusion of “foreign illegal immigrants.” The revision, the first of its kind since 2003, requires voters to submit fresh enumeration forms by July 25, 2025, along with stringent documentation proving citizenship—not just their own but, in some cases, that of their parents. Failure to comply risks exclusion from the draft electoral roll, set to be published on August 1, with the final roll due by September 30.
For many in Bihar, a state where literacy rates hover around 61% and access to official documents can be a challenge, the requirements feel like an insurmountable hurdle. Moitra’s petition highlights the exclusion of commonly accepted documents like Aadhaar and ration cards from the ECI’s approved list, placing an “unreasonable burden” on voters, particularly those from marginalized communities. “Lakhs of residents across rural Bihar—Scheduled Castes, Scheduled Tribes, minorities, migrant workers—are at imminent risk of losing their voting rights,” she told reporters outside the Supreme Court. “This isn’t just about Bihar; it’s a test run for a larger plan. I’ve heard the ECI is planning to replicate this in West Bengal from August 2025.”
Moitra’s fears are not hers alone. The petition echoes concerns raised by civil society groups like the Association for Democratic Reforms (ADR) and People’s Union for Civil Liberties (PUCL), as well as activists like Yogendra Yadav, all of whom have filed similar pleas. The ADR, represented by advocate Prashant Bhushan, argues that the ECI’s order lacks due process and could “arbitrarily disenfranchise” millions. Rashtriya Janata Dal (RJD) MP Manoj Jha has also joined the legal battle, calling the revision a violation of constitutional guarantees. On July 7, a Supreme Court bench comprising Justices Sudhanshu Dhulia and Joymalya Bagchi agreed to hear the batch of petitions on July 10, signaling the urgency of the matter.
The controversy has taken on a deeply human dimension in Bihar, where stories of confusion and fear are emerging. Farukh, a 50-year-old daily wager from Patna, told local media he hadn’t received the new enrollment forms and was unsure how to prove his parents’ citizenship. “I’ve voted in every election since I was 18,” he said, his voice tinged with frustration. “Now they say I might not be a citizen? How is this fair?” Such stories resonate with Moitra, who has long positioned herself as a champion of the underprivileged. “This isn’t just bureaucracy gone wrong,” she said in a post on X. “It’s a calculated move to silence the poor, the vulnerable, the voices that matter.”
The ECI, however, defends its actions. Chief Election Commissioner Gyanesh Kumar stated on July 6 that the SIR aims to ensure “error-free electoral rolls” and that the process is “progressing smoothly with strong public participation.” The commission has also relaxed some rules, allowing Booth-Level Officers to accept forms without documents in some cases, with Electoral Registration Officers making decisions based on local inquiries. But critics, including Moitra, remain unconvinced. “The ECI is acting like an arm of the BJP,” she alleged in a scathing video posted on X, accusing the commission of executing a “Machiavellian plan” to suppress young and marginalized voters.
The timing of the revision, just months before Bihar’s polls, has fueled suspicions. Opposition leaders, including West Bengal Chief Minister Mamata Banerjee, have likened the SIR to the National Register of Citizens (NRC), a process that sparked widespread protests in 2019. “This is worse than NRC,” Banerjee said at a rally last week. “It’s a direct attack on our democracy.” Moitra’s petition reinforces this comparison, noting that the SIR’s structure “mirrors the NRC” in its potential to exclude vulnerable populations.
As the Supreme Court prepares to hear the case, the stakes couldn’t be higher. Bihar’s electoral roll includes nearly eight crore voters, and estimates suggest up to three crore could struggle to meet the new requirements. For Moitra, the fight is personal as much as it is political. A former investment banker turned politician, she’s built her career on taking bold stands, often at great personal cost. Expelled from the Lok Sabha in 2023 over a cash-for-query controversy, she bounced back, winning Krishnanagar again in 2024. “I’m not here to play safe,” she told supporters in Kolkata. “If I see something that threatens the soul of our democracy, I’ll fight it with everything I’ve got.”
The outcome of this legal battle could shape not just Bihar’s elections but the future of voter inclusion across India. For now, all eyes are on the Supreme Court—and on Mahua Moitra, the MP who’s once again refusing to back down.
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