'One Petitioner Has To Explain His Conduct': Supreme Court Issues Notice On INDIA Bloc Leaders' Petition Against ECI Over SIR
The Supreme Court today issued notice on the plea filed by Leader of the Opposition Rahul Gandhi and nine INDIA Bloc leaders challenging the Election Commission of India's (ECI) Special Intensive Revision (SIR) of electoral rolls.
A bench of CJI Surya Kant and Justice Joymalya Bagchi issed notice to the Election Commission of India, Chief Election Commissioner Gyanesh Kumar, aother Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi. While issuing notice, the CJI orally said, "We would also ask one of the petitioners about his conduct."
Ahead of filing the petition, Gandhi, along with Congress and other Opposition leaders, led a march towards the Supreme Court on Monday (October 12), prompting a huge mob gathering in SC premises. Although the plan was that the Opposition leader would present the petition himself, since the Supreme Court Registry was about to close before the march, the petition was filed through lawyers. However, even after the petition was filed, the leaders visited the SC registry, which led to a huge crowd and commotion within the SC precincts.
The petition comes amid the Congress-led Opposition's protests against the SIR exercise and seeking the resignation of Chief Election Commissioner Gyanesh Kumar over the alleged irregularities in the voters' roll revision.
The Top Court has also issued notice on plea filed by AIMIM Chief Asadudding Owaisi and a separate plea filed by Congress leader Digvijaya Singh.
The petition seeks the production of records relating to the SIR exercise, judicial scrutiny of the decision-making process, and directions to ensure transparency and compliance with electoral laws. The key prayers include:
- Production of the complete file relating to the ECI's June 24, 2025 decision to launch the SIR.
- Examination of whether the decisions complied with Article 324 of the Constitution, Section 18 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, and the principles laid down in the T.N. Seshan judgment. The petition seeks quashing of decisions taken without lawful authority.
- A direction that every SIR-related decision be taken collectively and duly minuted in accordance with Section 18 of the 2023 Act while the case remains pending.
- A direction to ensure that the online Form 6 conforms to the Registration of Electors Rules, 1960, unless the Rules are amended.
- Constitution of a committee headed by a retired Supreme Court judge to audit SIR deletions and access to electoral-roll databases, and review EVM processes against global best practices.
- Booth-wise publication of deleted voters' names, along with reasons for deletion and age- and gender-wise breakdowns, as well as a functional mechanism for restoration of names.
- A direction that no voter's name be deleted without notice and an opportunity of hearing. The petition also seeks to allow eligible persons in Punjab and other poll-bound States to apply for inclusion until the last date for such applications.
- Suspension of the SIR exercise across all States pending adjudication of the petition.
Opposition leaders had sought appointment with the CJI before
Chief Justice of India Surya Kant had declined Gandhi's request for an appointment to discuss issues relating to the SIR exercise and the functioning of the Election Commission.
Gandhi and Congress President Mallikarjun Kharge, who is the Leader of Opposition in the Rajya Sabha, had sought a meeting with the CJI to submit a memorandum raising concerns over the SIR process and demanding the resignation of Chief Election Commissioner Gyanesh Kumar.
The CJI declined the request, stating that the issues sought to be raised were already pending before the Supreme Court. He also conveyed that the Court could not interfere with the functioning of the government on its administrative side, while clarifying that the leaders were free to approach the Court on its judicial side for appropriate relief.
Similar matters concerning the SIR exercise are scheduled to be heard by the Supreme Court on Tuesday. The CJI had indicated that any petition filed by the Opposition leaders could also be considered along with the pending matters.
The petition has been filed through AoR S Prasanna