Supreme Court Issues Notice To ECI On Plea Challenging Exemption Of Assam From Special Intensive Revision Of Voter Rolls

The Supreme Court on Tuesday issued notice to the Election Commission of India on a writ petition challenging the ECI's decision to conduct only a “Special Revision” of the electoral roll in Assam instead of a “Special Intensive Revision” ahead of the 2026 Assembly elections.

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi posted the matter to next Tuesday.

Senior Advocate Vijay Hansaria, for the petitioner, submitted that "Assam has singled out" despite having a large presence of illegal migrants. Hansaria underscored that the Supreme Court's judgments, including the recent judgment in In Re : Section 6A Citizenship Act, referred to the problem of infiltration in Assam. However, in contrast with the approach undertaken in other States, the ECI is not asking people in Assam to submit any documents while submitting enumeration forms.

Hansaria submitted that the ECI had told the Court in earlier proceedings that they would conduct pan-India SIR. "I don't understand why Assam is singled out. Nothing is required in Assam. No document required. "

CJI Surya Kant said that "they might have done it so because of the special laws in Assam, the constitution of foreigners tribunals etc. Might be." Hansaria replied that ECI has not said anything on record. He pressed for a stay of the process in Assam. However, the bench was not inclined to pass an order without hearing the ECI.

The petition has been filed by Mrinal Kumar Choudhury, former President of the Gauhati High Court Bar Association. It alleges that while States such as Bihar, Chhattisgarh, Gujarat, Kerala, Madhya Pradesh, Rajasthan, Tamil Nadu, Uttar Pradesh, West Bengal, Goa and UTs including Andaman and Nicobar Islands, Lakshadweep and Puducherry are undergoing Special Intensive Revision, Assam has been singled out for a less rigorous process.

According to the plea, Special Revision does not require electors to submit documents proving citizenship, age or residence. In contrast, Special Intensive Revision mandates production of documents to justify inclusion in the voter list. The petitioner argues that given Assam's history of large-scale illegal immigration, the State requires stricter verification.

The petition relies on earlier official assessments, including the 1997 report of Assam Governor Lt. Gen. S. K. Sinha and statements of former Union Home Minister Indrajit Gupta regarding the presence of 40 to 50 lakh illegal immigrants in the State. It also cites Supreme Court observations in the Sarbananda Sonowal cases and litigation concerning Section 6A of the Citizenship Act.

The petition, contends that there is “no difference on the ground realities” between Assam and the other States where Special Intensive Revision is underway. The plea further points out that the ECI had earlier stated, both in its June 24 order for Bihar and in an affidavit filed in July before the Supreme Court in the Association for Democratic Reforms case, that Special Intensive Revision would be conducted across the country.

The petition also highlights sharp demographic changes in Assam and argues that failing to conduct Special Intensive Revision will allow ineligible voters, including illegal immigrants, to remain on the rolls, potentially affecting the outcome of the upcoming Assembly elections.

The petition has been filed through Ansauya Choudhary.

Case : MRINAL KUMAR CHOUDHURY v. ELECTION COMMISSION OF INDIA | W.P.(C) No. 1191/2025