Leader of the Opposition in the Lok Sabha, Rahul Gandhi has approached the Supreme Court challenging the Election Commission of India’s (ECI) Special Intensive Revision (SIR) of electoral rolls.
The move comes amid protests by the Congress-led Opposition over alleged irregularities in the exercise and its demand for the resignation of Chief Election Commissioner Gyanesh Kumar.
The writ petition has been filed through Advocate-on-Record S. Prasanna.
The available information does not specify the bench before which the petition is likely to be listed or the precise grounds on which the revision exercise has been challenged.
The filing comes a day after INDIA bloc leaders marched towards the Supreme Court on October 12, seeking to raise concerns over the electoral roll revision process.
The Opposition has alleged irregularities in the exercise and questioned the Election Commission’s handling of the matter.
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The principal concern raised by the Opposition is the possibility of eligible voters being left out of electoral rolls during the SIR exercise.
Gandhi’s petition seeks to bring the dispute before the Supreme Court, though the exact reliefs sought will become clear from the petition.
The move follows a request by Gandhi and Congress president Mallikarjun Kharge to meet Chief Justice of India Surya Kant and submit a memorandum on the SIR exercise and the functioning of the Election Commission.
The Chief Justice declined the request. According to reports, he indicated that the issues were already pending before the Court and that the leaders could seek relief through appropriate judicial proceedings.
The subsequent filing of the petition gives Gandhi a formal opportunity to place his challenge before the Court. Whether the Supreme Court will issue notice to the Election Commission or pass any interim directions will be known when the matter comes up for consideration.
The SIR exercise has also drawn attention over the modified Form 6 used for voter enrolment. The Supreme Court recently clarified that it had not approved the modified form.
Form 6 is used to apply for the inclusion of a name in the electoral roll. The Court’s clarification has become relevant amid questions over the procedures followed in the revision exercise and the inclusion of eligible voters.
However, the clarification that the Court had not approved the modified form does not, by itself, establish that the form or the entire SIR exercise is illegal. The legal position will depend on the issues raised and the Court’s consideration of the matter.
The Congress-led Opposition has been demanding the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the revision of electoral rolls.
The INDIA bloc’s march towards the Supreme Court on October 12 was part of its protest against the exercise.
With Gandhi filing a writ petition, the dispute has now reached the court through formal legal proceedings.
The challenge is expected to bring the Opposition’s objections to the revision process before the judiciary, subject to the grounds and prayers contained in the petition.
The case also brings into focus concerns over the transparency of electoral roll revision and the protection of eligible voters from wrongful deletion.
The allegations, however, have not been established as judicial findings on the basis of the information currently available.
The Supreme Court’s next steps will determine how the challenge proceeds. The matter is now before the Supreme Court, and the next step will depend on how it proceeds with the petition.
