New Delhi:
Opposition leaders, including Rahul Gandhi, along with hundreds of supporters, reached the Supreme Court, seeking an interim stay on the Special Intensive Revision (SIR) of electoral rolls and alleged poll irregularities. While the Leader of Opposition reached the Supreme Court in the evening, an hour or two earlier, the Congress legal team filed a petition at the top court, demanding ten forms of relief regarding the SIR and other decisions taken by the Election Commission.
Since Rahul Gandhi could not reach the Supreme Court before the 4:30 pm deadline, the petition was filed by lawyer S Prasanna.
Besides Rahul Gandhi, Congress party chief Mallikarjun Kharge, Priyanka Gandhi, Samajwadi Party chief Akhilesh Yadav, Trinamool chief Mamata Banerjee and RJD’s Tejashwi Yadav were among a host of leaders who joined the massive INDIA bloc march today. Yesterday, Chief Justice of India Surya Kant had refused to meet Rahul Gandhi, stating that the matter is sub judice. Following this, Opposition leaders filed a joint plea in the Supreme Court.
One of the principal demands of the Opposition is the resignation of Chief Election Commissioner Gyanesh Kumar.
NDTV accessed the details of the petition which has been listed as ‘Rahul Gandhi v. Election Commission of India’ on the Supreme Court website.
What The Petition Says
1. Directive To Produce All Records Related To The SIR
A directive should be issued to the Election Commission of India to submit to the Court all complete files, agreements, minutes, meeting records, and records of objections related to the disputed Special Intensive Revision (SIR). This must include relevant ECINET and ERONET access logs and complete file notings pertaining to the decision to initiate the SIR on June 24, 2025.
This directive should be issued to safeguard rights under Articles 14, 19, and 21 of the Constitution and to enforce Article 324.
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2. Examination Of The Constitutional Validity Of SIR Decisions
An appropriate order should be issued to examine whether the disputed decisions regarding the Special Intensive Revision comply with Article 324 of the Constitution, Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, and the principles laid down by this Court in the T.N. [case]… …whether they have been taken in accordance with the law laid down in the Seshan v. Union of India (1995) case.
If any decision was taken without proper statutory authority, it should be set aside.
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3. Action Against Responsible Officials
Directions should be issued to take appropriate action against persons responsible for any violation of constitutional or statutory provisions governing the preparation and revision of electoral rolls.
This should also include action under Section 32 of the Representation of the People Act, 1950, where necessary.
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4. Redressal Of The Petitioner’s Grievances
The Election Commission should be directed to take an appropriate decision on the current petition and related matters, and to ensure that every decision of the Election Commission regarding the SIR is taken in accordance with Section 18 of the 2023 Act and duly recorded.
5. Directive To Align Online Form-6 With Prescribed Rules
The Election Commission should be directed to ensure that the online Form-6 conforms to the form prescribed under the Registration of Electors Rules, 1960. No changes deviating from the prescribed form should be made unless the rules are duly amended following the applicable procedure.
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6. Demand For An Audit By An Independent Committee
An independent committee should be constituted under the chairmanship of a retired Supreme Court judge. It should also include technical experts and eminent citizens.
The committee should be entrusted with the following tasks within a stipulated timeframe:
To conduct an independent inquiry and audit regarding the deletion of names from and amendments to the electoral rolls during the SIR
To examine access to the electoral roll database and the changes made therein.
This should also include ECINET and ERONET.
To conduct a comprehensive review of the technical design and architecture regarding decisions, policies, procedures, protocols, and the use and deployment of Electronic Voting Machines (EVMs).
To take into account global best practices with the aim of ensuring free and fair elections.
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7. Directive To Make Public Names And Reasons For Deletion Of Voters During SIR
The Election Commission should be directed to publish, on a booth-wise basis, the names of all voters deleted from the electoral roll during the SIR.
Along with this, the following details should also be made public:
The reason for the deletion of each voter’s name.
Classification of deleted names based on gender and age.
An effective and functional mechanism for the re-inclusion of voters who are found eligible to be on the electoral roll.
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8. Directive Not To Delete Any Voter’s Name Without Notice And Hearing
The respondents should be directed not to delete any voter’s name from the electoral roll without serving notice as per the law and without providing a reasonable opportunity for a hearing.
Furthermore, in Punjab and other states where elections are due, eligible persons should be permitted to apply for the inclusion of their names in the electoral roll up to the cut-off date prescribed by law.
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9. Demand For Interim Stay On Ongoing SIR Process
An interim directive should be issued to suspend the ongoing Special Intensive Revision (SIR) across all states until the issues raised in the present petition are considered and adjudicated.
This demand is made with the aim of protecting the rights of eligible voters and upholding the fairness and integrity of the electoral process.
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10. Demand For Issuance Of Other Orders Deemed Appropriate By Court
It is prayed that this Hon’ble Court pass any other or additional orders — considering the facts and circumstances of the case — that it deems appropriate and necessary to safeguard the integrity of the electoral process and the voting rights of every eligible citizen.
