Bihar Elections: Can Tejashwi Yadav Contest Even If His Name Is Missing From Voter List?

Last Updated:August 04, 2025, 13:55 IST

The controversy began when Tejashwi Yadav said during a press conference that an online search using his EPIC number showed no match in the updated voter list

RJD leaders alleged that Tejashwi's name was deleted without notice or justification, calling it a "conspiracy". (Credits: X)

A political storm is brewing in Bihar after Rashtriya Janata Dal (RJD) leader and former Deputy Chief Minister Tejashwi Yadav claimed that his name had been removed from the voter list in what he described as a deliberate attempt to block him from contesting the next election. But behind the political noise lies a legal and procedural question: what happens if a leader’s name is missing from the voter list? Can they still contest elections?

Here’s what the law says, and how similar cases have played out in the past.

Does A Missing Name Mean Disqualification?

According to the Representation of the People Act, 1951, it is not mandatory for a candidate to be registered in the same constituency they wish to contest from. What is essential is that their name figures in the electoral roll of any constituency across the country.

So if Tejashwi Yadav’s name has been deleted from Patna’s Pataliputra constituency, but he is still registered as a voter in another constituency (say, Darbhanga or Gopalganj) he remains eligible to contest elections.

However, if his name has been deleted from all electoral rolls, and he is not registered as a voter anywhere in the country, he cannot contest any election, assembly or parliamentary, until he gets re-enrolled.

What Does The Law Require?

For assembly elections, a candidate must be:

For Lok Sabha elections, the age limit is 25; for Rajya Sabha, it is 30. The voter registration condition remains the same.

Has This Happened Before?

It’s fairly common for leaders to contest elections from constituencies where they aren’t registered voters. In 2014, Prime Minister Narendra Modi contested the Lok Sabha elections from Varanasi, despite being a voter from Gujarat. Sushma Swaraj contested from Madhya Pradesh even though she was on the rolls in Haryana. Arvind Kejriwal, Rajnath Singh, and Manish Tewari have also contested from outside their home constituencies.

In all these cases, their eligibility stood firm because they were enrolled as voters somewhere in the country.

Why Are Names Removed From The Voter List?

The Election Commission routinely updates electoral rolls. During the recent Special Intensive Revision (SIR) in Bihar, over 65 lakh names were deleted for several reasons:

If someone’s name has been wrongly removed, they can apply for restoration by submitting Form-6 along with valid documents.

Can Tejashwi Yadav Contest Elections?

As of now, yes, if he is registered elsewhere. Unless it’s proven that his name has been deleted from every voter list in India, the removal from Pataliputra does not legally stop him from filing his nomination from any seat.

Bihar Political Row

The controversy began when Tejashwi Yadav said during a press conference that an online search using his EPIC number showed no match in the updated voter list. He accused officials of changing his voter ID number and deleting his entry.

RJD leaders alleged that Tejashwi’s name was deleted without notice or justification, calling it a conspiracy, “Tejashwi ji’s name is missing from the voter list! Name being removed from the voter list means Tejashwi ji cannot contest elections! On the instructions of two Gujaratis, Kechua refused to accept Bihar’s son coming from a backward community as a ‘citizen’! This is the real ‘purification’ of the voter list," RJD spokesperson Priyanka Bharti posted on X (formerly Twitter).

However, the Election Commission has denied the claims, clarifying that Tejashwi’s name still appears on the electoral rolls. Despite the clarification, the controversy has escalated with the RJD vowing to raise the matter with the Election Commission and even approach the courts.

In a new twist, the Election Commission on Sunday asked Tejashwi Yadav to “hand over for investigation" a voter ID card that he displayed during a press conference, claiming it was linked to an EPIC number that no longer reflected his name in the updated list. According to PTI, the Sub-Divisional Magistrate of Patna Sadar-cum-Electoral Registration Officer, in a letter to Yadav, said, “Our preliminary investigation suggests that the EPIC number you mentioned at the press conference on August 2 was not issued officially. You are therefore requested to hand over the EPIC card in original for detailed investigation."

Tejashwi had accused authorities of changing his voter ID number. But Patna District Magistrate Thiyagaraja SM dismissed the allegation. “The EPIC number in the electoral rolls is the one that was submitted by the honourable leader of the opposition in his affidavit in the 2020 assembly polls. If he is in possession of another EPIC card with another number as well, then it is a matter of investigation," he said.

The controversy has prompted a strong response from leaders of the ruling NDA. At a joint press conference, NDA spokespersons Ajay Alok (BJP), Neeraj Kumar (JDU), and Rajesh Bhatt (LJP-Ram Vilas) accused Yadav of fraud and called for a police case. “Tejashwi Yadav should be booked for having two EPIC cards, which is not allowed," they said.

The leaders also took aim at Congress MP Rahul Gandhi, asking whether this was the “atom bomb" of evidence he had threatened the Election Commission with. Gandhi had recently claimed his party had proof of “vote chori" by the BJP. The Election Commission responded on Sunday, asking him to submit the voter ID card in question for investigation, saying the number he referenced was “not issued officially".

Patna District Magistrate Thiyagaraja SM clarified that the EPIC number in the official electoral rolls matched the one submitted by Yadav in his 2020 election affidavit. “If he is in possession of another EPIC card with another number as well, then it is a matter of investigation," the DM said, according to PTI.

Meanwhile, NDA leaders have alleged that Tejashwi possesses two voter ID cards, which, if true, could invite legal consequences. BJP’s Ajay Alok, JDU’s Neeraj Kumar, and LJP-Ram Vilas’ Rajesh Bhatt demanded an FIR be lodged. They also accused the opposition of trying to “pre-empt defeat" in the upcoming elections.

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