Election Commission tells Supreme Court it alone can decide timing and method of voter roll revision

The Election Commission has told the Supreme Court that it has the sole authority to decide the timing and manner of special intensive revisions of electoral rolls, PTI reported on Saturday.

The commission added that any court directive to conduct revisions at fixed intervals would be an “encroachment” on its constitutional domain.

The submission came in a counter-affidavit filed in response to a plea by Bharatiya Janata Party leader and advocate Ashwini Kumar Upadhyay.

The petition sought a court order directing the poll body to carry out nationwide special intensive revisions of voter rolls ahead of elections to identify and remove undocumented migrants from the electoral lists, The Hindu reported.

In its submission, the commission cited its powers under Article 324 of the Constitution, which vests it with the superintendence, direction, and control of elections and electoral rolls.

It described this authority as the “bedrock” of its powers, allowing it to act even where statutory law is unclear.

The Election Commission also referenced Section 21 of the Representation of the People Act, 1950, and Rule 25 of the Registration of Electors Rules, 1960. While these laws mandate revisions before general and assembly elections, they do not fix timelines or specify the type of revision, giving the commission discretion to decide whether to conduct a...

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