The order, dated June 24, 2025, requires voters to prove their citizenship through documentation such as their parents’ citizenship papers, failing which their names could be deleted from the voter list. According to the petition, this move violates multiple provisions of the Constitution including Articles 14, 19(1)(a), 21, 325, and 326, as well as the Representation of the People Act, 1950 and the Registration of Electors Rules, 1960.
Moitra termed the requirement of new documents “arbitrary” and “unconstitutional,” especially as many of the affected voters have voted multiple times in past elections and were already enrolled based on valid identity proofs.
Risk of Mass Disenfranchisement
The petition highlights that this is the first time such a move is being implemented on this scale, and that it could lead to large-scale disenfranchisement, particularly among rural, poor, and marginalized communities.
“Lakhs of voters in Bihar are now at risk of exclusion simply because they do not possess documents that were never required before,” said Advocate Neha Rathi, who filed the petition on Moitra’s behalf.
Link to NRC and Discrimination Concerns
The petition draws parallels between the current process and the controversial National Register of Citizens (NRC) exercise, arguing that both disproportionately target economically and socially vulnerable communities.
“The exclusion of commonly accepted identity proofs like Aadhaar and ration cards makes the process even more unreasonable,” the plea adds. “It’s practically impossible for many to procure citizenship proof of their parents.”
Deadline and Procedural Hurdles
The ECI’s directive states that failure to submit fresh forms by July 25, 2025, will result in exclusion from the draft electoral roll — without any provision for appeal or redressal. Moitra’s petition terms this deadline as “impractical and arbitrary.”
According to internal sources, a similar revision is already being planned for West Bengal in August, triggering political concern across opposition-ruled states.
Legal and Political Reactions
This legal challenge follows an earlier plea by civil rights group PUCL, also questioning the ECI’s move. Political leaders including Yogendra Yadav have echoed concerns about the constitutionality and timing of the process just ahead of the Bihar Assembly elections.
As this issue unfolds, it is expected to become a flashpoint in national debates over voter rights, federalism, and electoral fairness.