New Delhi | The Supreme Court on Monday said it was presuming the Election Commission of India being a constitutional authority was following the law during the special intensive revision of electoral roll in poll-bound Bihar and cautioned in case of any illegality, the exercise would be set aside.
A bench of Justices Surya Kant and Joymalya Bagchi fixed October 7 for hearing final arguments on validity of Bihar SIR while refusing to offer any "any piecemeal opinion" on the exercise.
"Our judgement in Bihar SIR will be applicable for Pan-India SIR," the bench said, clarifying it can't stop the poll panel from conducting the similar exercise for revision of electoral roll across the country.
The bench, however, allowed petitioners against the Bihar SIR exercise to also argue on the pan-India SIR on October 7.
The top court, in the meantime, issued notice on a plea seeking the recall of the September 8 top court order directing the poll panel to include Aadhaar card as the 12th prescribed document in the Bihar SIR.
On September 8, the apex court clarified Aadhaar will not be proof of citizenship and the poll panel can ascertain its genuineness on being submitted by an elector for inclusion in the electoral roll.
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