EC releases video for EROs on SIR notice disposal; no written instructions so far

Why in the News

Notice cases in the Special Intensive Revision (SIR), which earlier needed documents or a hearing order to settle, can now be cleared by Electoral Registration Officers (EROs) without a hearing or documents. The Election Commission (EC) has added these options to its ERONET portal but is explaining them only through a demonstration video, with no written instructions.

What has changed in disposing of SIR notices?

1. What a notice case is: Electors flagged for “no mapping” or “logical discrepancies” (doubtful entries) in the draft roll are served notices. They must produce one of 12 documents prescribed by the EC.
2. Who decides: The ERO has final authority over a constituency’s electoral roll. ERONET is the portal through which EROs record each decision.
3. Three new options:
   • where the Booth Level Officer (BLO) has uploaded documents, the ERO can mark an elector “found OK” without a hearing order;
   • where no documents were collected, the ERO can mark the elector eligible after uploading a hearing order;
   • where notices are yet to be generated, the ERO can choose “without hearing” or “with hearing”.
4. Earlier rule: A hearing order was needed only to mark an elector “found not eligible”, with the reason recorded.
5. The takeaway: EROs can now clear cases faster, but the legal basis rests on a video rather than a written order.

Why does the absence of written instructions matter?

1. Video only: The EC’s Information Technology Department made an eight-minute video, recorded on October 1, and showed it to Delhi EROs at a meeting.
2. Shifting instructions: One ERO said instructions had come “some written and some oral”, and many were withdrawn. Eg. Delhi EROs were told to identify “suspected foreigners”, then told not to.
3. Statutory authority: The same ERO said he will wait for written orders, because the Representation of the People (RP) Act, 1950 vests decisions in him.
4. Centralisation charge: Critics allege bringing ERONET under ECINET, the EC’s integrated digital platform, curtailed field officers’ powers. EROs had sought these options since the notice phase began.

Where do the options apply, and how much can they change?

1. Coverage: The options apply in the 10 States and Union Territories (UTs) where the third phase of the SIR is still under way.
2. Too late for some: Final rolls were already published elsewhere. In West Bengal, 27 lakh of the 60 lakh electors served notices were left out of the final roll.
3. Scale: Over nine crore notices have been served in the second and third phases.
4. Limited use where hearings are fixed: The options matter little where every notice already carries a hearing venue and time. Eg. All of Delhi’s notices do.
5. No reversal: EROs cannot reverse a case once an elector is marked ineligible. Over 350 Delhi electors were marked so, and the Delhi Chief Electoral Officer cautioned EROs against unverified use of the options.

Challenges

1. Natural justice: An ineligible marking cannot be reversed, so marking without a fresh hearing can wrongly exclude voters.
2. Unequal treatment: Electors in States already finalised never got the faster route.
3. Legal uncertainty: Decisions made on a video, not a written order, are open to later legal challenge.
4. Field capacity: BLOs collecting documents door to door face heavy workloads.

Way Forward

1. Written order: The EC should issue a written order stating when each option may be used.
2. Review window: Allow an ERO to review an ineligible marking on fresh documents.
3. Finalised States: Let excluded electors apply afresh through a simple inclusion form.
4. Public data: Publish constituency-wise counts of cases cleared under each option.

Conclusion

The new options speed up disposal of notices but leave EROs exercising statutory powers on unwritten guidance. Whether the EC issues a written order before the remaining final rolls are published, starting this month, will decide if these decisions hold.

Key numbers

1. Delhi notices: 33.1 lakh, all with hearing venue and time; notice phase runs till 30 November.
2. Final roll dates: Delhi on 4 December; Haryana, Maharashtra and Telangana in November; Tripura in February 2027.

Back2Basics: Electoral Registration Officer (ERO)

1. Legal basis: Section 13B of the Representation of the People Act, 1950 provides an ERO for every Assembly constituency.
2. Appointment: The EC designates an officer of the government or a local authority, in consultation with the State government.
3. Role: The ERO prepares and revises the constituency’s electoral roll and decides claims and objections.
4. Hierarchy: EROs work under the District Election Officer and the State’s Chief Electoral Officer.

Matching Previous Year Question

“[2026, GS2, 10 marks] Is the right to vote a fundamental right? Discuss the position of the Election Commission of India while undertaking the revision of electoral rolls. Can it also examine the question of citizenship of voters?”