The Supreme Court on Thursday issued notice to the Election Commission of India (ECI) and Chief Election Commissioner Gyanesh Kumar on petitions filed by Congress leader Rahul Gandhi and several opposition leaders questioning large-scale voter deletions and alleged irregularities in the ongoing Special Intensive Revision (SIR) of electoral rolls.
A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi sought responses from the Election Commission and the Chief Election Commissioner. The Court also directed that the petitions be heard along with pending cases challenging the validity of the SIR exercise in different States.
During the hearing, the Bench made it clear that issuing notice should not be interpreted as an adverse finding against any party. It also indicated that it would examine the conduct of one of the petitioners at the next hearing.
The Court did not identify the petitioner concerned but said that notice in relation to that petitioner would be entertained provisionally, subject to an explanation regarding his conduct.
Opposition Leaders Challenge Electoral Roll Revision
The petitions have been brought by several senior leaders belonging to opposition parties, including Congress President Mallikarjun Kharge, Samajwadi Party chief Akhilesh Yadav, Trinamool Congress leader Saugata Roy and Rashtriya Janata Dal leader Tejashwi Prasad Yadav.
Other petitioners include Shiv Sena (UBT) leader Sanjay Raut, CPI(M) leader MA Baby, CPI leader D Raja, Jharkhand Mukti Morcha leader Mahua Majhi, NCP (Sharadchandra Pawar) leader Supriya Sule and Indian Union Muslim League leader Mohammed Basheer.
The petitions question the deletion of large numbers of voters from electoral rolls and raise allegations concerning the manner in which the ongoing revision exercise is being conducted.
Rahul Gandhi and other leaders of the INDIA bloc had approached the Supreme Court on October 12 after marching towards the Court with a large gathering of supporters. Their petition challenged the alleged electoral roll irregularities and sought the removal of Chief Election Commissioner Gyanesh Kumar.
Protests in Delhi Over SIR and CEC’s Role
The legal challenge comes against the backdrop of demonstrations in the national capital over the electoral roll revision exercise. Protesters have also demanded the resignation of Chief Election Commissioner Gyanesh Kumar.
The demonstrations followed a recent media report alleging that Kumar had taken several decisions concerning the SIR exercise without the agreement of the other two Election Commissioners, despite objections raised by them.
Delhi Police detained several protesters over the weekend and imposed prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The police action subsequently became the subject of separate petitions before the Supreme Court. These petitions alleged that lawyers and journalists were among those detained and that some had been prevented from performing their professional responsibilities.
SIR Challenges To Be Heard Together
By tagging the latest petitions with the matters already pending before it, the Supreme Court has brought the opposition leaders’ challenge within the ongoing judicial proceedings concerning the SIR exercise in various States.
The Bench directed the issuance of notice to the Election Commission and provided for service of notice if it was not accepted on the Commission’s behalf.
The Court will also take up its concern regarding the conduct of an unidentified petitioner at the next hearing.
