The Supreme Court on Thursday issued notice to the Election Commission of India (ECI), Chief Election Commissioner Gyanesh Kumar and Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi on a petition filed by Leader of Opposition Rahul Gandhi and other INDIA bloc leaders challenging the Special Intensive Revision (SIR) of electoral rolls.
A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi took up the plea, which questions the legality of decisions taken in connection with the electoral roll revision exercise and raises concerns over the deletion of voters’ names. The petitioners have sought judicial intervention to ensure transparency in the process and protect the electoral rights of eligible citizens.
During the hearing, the Bench indicated that it would seek an explanation from one of the petitioners regarding his conduct. The Court clarified that the issuance of notice should not be construed as an adverse finding against any party.
The petition, filed under Article 32 of the Constitution, challenges the Election Commission’s decision-making process in relation to the SIR exercise and seeks judicial scrutiny of its compliance with constitutional and statutory requirements.
Apart from Gandhi, the petitioners include Congress president Mallikarjun Kharge, Samajwadi Party chief Akhilesh Yadav, RJD leader Tejashwi Prasad Yadav, Trinamool Congress MP Saugata Roy, Shiv Sena (UBT) leader Sanjay Raut, CPI(M) general secretary M.A. Baby, CPI general secretary D. Raja, JMM leader Mahua Majhi, NCP (Sharadchandra Pawar) leader Supriya Sule and IUML leader E.T. Mohammed Basheer.
The petitioners have sought a direction requiring the ECI to produce the complete records relating to its June 24, 2025 decision to initiate the SIR exercise, including relevant files, minutes, agendas, internal notings and objections concerning subsequent decisions.
They have also asked the Court to examine the Commission’s actions in light of 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 Supreme Court’s judgment in T.N. Seshan v. Union of India.
The plea further seeks directions requiring decisions relating to the SIR exercise to be taken collectively and duly documented in accordance with the applicable statutory framework.
Among the principal reliefs sought is the constitution of an independent committee headed by a retired Supreme Court judge to audit voter deletions and examine access to electoral-roll databases. The petitioners have also sought booth-wise disclosure of deleted voters’ names, the reasons for their removal and age- and gender-wise particulars.
The plea seeks an effective mechanism for restoring eligible voters to electoral rolls and argues that no elector should be removed without prior notice and a reasonable opportunity to be heard. It also challenges aspects of the online Form 6 registration process and seeks safeguards to enable eligible voters in Punjab and other poll-bound States to apply for inclusion within the prescribed timeframe.
The petitioners have additionally sought suspension of the SIR exercise across States pending adjudication of the issues raised before the Court.
The legal challenge follows an attempt by Gandhi and Kharge to secure an appointment with the Chief Justice of India to submit a memorandum concerning the SIR exercise and the functioning of the Election Commission. The opposition leaders had raised concerns over alleged irregularities in electoral-roll revision and sought intervention on issues relating to the poll body’s functioning.
On October 12, Gandhi and other opposition leaders marched towards the Supreme Court, triggering a commotion in the Court premises. The petition was subsequently lodged through lawyers as the Registry was nearing closing time.
The Supreme Court has also issued notice on a separate petition filed by AIMIM chief Asaduddin Owaisi, while another plea by Congress leader Digvijaya Singh raises related issues concerning the Election Commission.
The matter will now proceed after the respondents file their responses. The Court will examine the legal issues raised in the petitions, including the Election Commission’s powers in conducting the SIR exercise and the safeguards applicable to the deletion of eligible voters’ names.
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