A petition has been moved before the Supreme Court seeking a declaration that decisions allegedly taken by Chief Election Commissioner Gyanesh Kumar in connection with the Special Intensive Revision (SIR) of electoral rolls, without the concurrence of the other two Election Commissioners, are illegal and liable to be set aside.
The plea, filed by advocate Shailendra Mani Tripathi, also seeks restoration of the original Form 6, used for registration of new voters, and an independent investigation into the alleged deletion of around 13 crore names from electoral rolls during the SIR exercise.
The petition has been filed in the wake of a report by The Indian Express, which stated that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded objections on multiple occasions over decisions relating to the electoral-roll revision process. According to the report, the two Commissioners had raised objections at least 14 times over a period of 10 months, including in relation to voter additions and deletions, changes to registration procedures and the centralisation of electoral-roll data.
The petitioner contends that decisions of the Election Commission cannot be taken unilaterally where the statutory framework requires the participation of the multi-member Commission. The plea seeks quashing of decisions, directions and measures allegedly undertaken without the concurrence of the other Election Commissioners.
A specific challenge has been raised to changes introduced in Form 6 through the ECINet platform. The form, ordinarily used by persons seeking inclusion of their names in electoral rolls, was modified to incorporate questions concerning the applicant’s or their parents’ or grandparents’ presence in electoral rolls prepared during the previous SIR. Election Commissioners Sandhu and Joshi had reportedly objected to the alteration, questioning its legal basis and calling for the changes to be removed.
The plea consequently seeks restoration of the original Form 6 and appropriate directions concerning any modification of the statutory form. It also raises questions concerning the manner in which electoral-roll software and databases were allegedly altered or centralised during the revision exercise.
The petitioner has further sought constitution of a Special Investigation Team (SIT) to examine the circumstances surrounding the alleged deletion of approximately 13 crore voters from electoral rolls. The proposed inquiry would also examine the handling of electoral-roll data, the deletion and restoration of names and the functioning of the software systems used during the SIR process.
The plea additionally seeks initiation of prosecution under Section 32 of the Representation of the People Act, 1950, against CEC Gyanesh Kumar, Deputy Election Commissioner Maneesh Garg, ECI’s IT head Seema Khanna and other officials who may be found responsible for alleged breaches of statutory duties.
The allegations in the petition remain to be adjudicated. The Election Commission has disputed the suggestion that SIR-related decisions were taken without the approval of the full Commission. ECI officials have maintained that orders concerning the SIR exercise, including those relating to Forms 6 and 8 and the citizenship declaration, were unanimously approved by the CEC and the two Election Commissioners.
The petition therefore places before the Supreme Court questions concerning the statutory decision-making process within the Election Commission, the legality of modifications to electoral-roll forms and the safeguards governing deletion and restoration of voters’ names during the SIR exercise.
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