SC Disposes Plea on Assam Electoral Rolls, Cites 'Infructuous' Status

A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi disposed of the writ petition as infructuous after recording the poll body's submission that the revision exercise in Assam had already been completed.

Appearing for the ECI, senior advocate Dama Seshadri Naidu informed the apex court that the final electoral rolls for Assam were published on February 10, 2026.

"In view of the completion of the revision exercise, the present petition has become infructuous," Naidu submitted.

The petition, filed by senior advocate and former Gauhati High Court Bar Association President Mrinal Kumar Choudhury, argued that Assam has been "singled out" for a diluted revision exercise, even though the ECI had earlier informed the Supreme Court that SIR would be conducted pan-India.

During the hearing, the CJI Kant-led Bench remarked that Assam's situation stands on a different footing compared to other states.

"It (SIR) cannot be conducted in Assam due to previous legislative and judicial history. The issue of who is a foreigner and who is not has to be seen. The Election Commission cannot declare someone a foreigner unless a tribunal records such a finding," it orally observed.

Notably, the top court had earlier issued notice and sought the ECI's response after senior advocate Vijay Hansaria, appearing for the petitioner, had termed the ECI's approach "arbitrary and discriminatory".

"Assam has been singled out. Nothing is required in Assam. No document required," Hansaria had submitted, arguing that under the Special Revision process, electors were not required to furnish proof of citizenship, age or residence, unlike an SIR where supporting documents must accompany enumeration forms.

The petitioner has referred to the ECI's own orders and sworn affidavits, including its June 24, 2025 directive stating that the "Special Intensive Revision" was intended to be conducted across the entire country to ensure the integrity of electoral rolls.

The petition further noted that in its July 21 affidavit filed before the Supreme Court last, the ECI reiterated its intent to conduct SIR nationwide.

However, on November 17, 2025, the poll body issued a separate order directing that Assam would undergo only a "Special Revision", under which Block Level Officers merely verify details of existing voters during house-to-house visits without requiring submission of documents or cross-verification with the last intensive revision undertaken in 2005.

"No reason has been furnished by the ECI for conducting only a Special Revision in Assam, whereas Special Intensive Revision has been carried out in Bihar and is being carried out in twelve other states," the petition stated, adding that Assam's demographic profile and history of infiltration make it a state where an intensive revision is constitutionally necessary.

- IANS