AIMIM chief and Lok Sabha MP Asaduddin Owaisi has approached the Supreme Court challenging the Election Commission of India's (ECI) implementation of the Special Intensive Revision (SIR) of electoral rolls, alleging that procedural departures and software-driven practices could threaten eligible citizens' right to vote.
The petition was mentioned on Wednesday before Chief Justice of India Surya Kant by advocate Nizamuddin Pasha, who sought its listing alongside similar pending matters. The Chief Justice said he would check and list the case along with the other matters. The petition was filed through Advocate-on-Record Lzafeer Ahmad BF.
Owaisi has sought judicial intervention to ensure that the revision of electoral rolls is conducted in accordance with the Constitution and existing election laws. The plea argues that the implementation of SIR has imperilled the voting rights of eligible citizens by departing from prescribed safeguards and calls for appropriate constitutional and remedial directions.
Petition questions ECI's decision-making and use of software
The plea raises several questions about the exercise of the Election Commission's constitutional powers. These include whether decisions concerning SIR can be taken without collective decision-making by the Commission, whether statutory forms and procedures can be altered through software, and whether software-generated classifications and objections can displace the statutory authority of Electoral Registration Officers (EROs).
It also questions whether opaque procedures, differential treatment of electors, and arbitrary practices relating to the inclusion and deletion of names violate Articles 14, 15(1), 21, 325 and 326 of the Constitution.
The petition does not seek to reopen the question of whether the ECI has the authority to conduct an intensive revision of electoral rolls, which the Supreme Court has already upheld in its judgment on the Bihar SIR. Instead, it asks whether the Commission has exercised that authority in accordance with the Constitution, the Representation of the People Act, 1950, the Registration of Electors Rules, 1960, and other procedural safeguards governing the process.
Owaisi contends that the existence of the ECI's power does not place the manner or legality of its exercise beyond judicial scrutiny.
Owaisi seeks restoration of Form 6 and safeguards against deletions
Among the reliefs sought, the petition asks the Supreme Court to declare that decisions affecting SIR which were not duly authorised in accordance with law, including Section 18 of the Chief Election Commissioner and Other Election Commissioners Act, are liable to be set aside.
It also seeks a declaration that the forms prescribed under the Registration of Electors Rules, 1960, cannot be superseded or supplemented by alternative forms or substantive conditions introduced through portal modifications or executive instructions unsupported by law.
A key demand concerns Form 6, used to apply for inclusion in electoral rolls. Owaisi has asked the court to direct the ECI to restore the form on its ECINET portal to the version prescribed under the 1960 Rules.
The plea further seeks directions that applications for inclusion must not be obstructed, rejected or kept pending because an applicant is unable or unwilling to answer an additional declaration. Applications that have already been obstructed or rejected on this ground should be received and decided afresh in accordance with the law, it says.
The petition also seeks a declaration that no elector should be excluded, or required to establish eligibility again, solely because of software-generated flags. It asks the court to quash the additional declaration introduced in the online Form 6 on ECINET, as well as deletions shown to have been carried out in violation of the prescribed procedure.
Independent audit and disclosure of records sought
Owaisi has sought the constitution of an independent committee to audit the ECI's ERONET and ECINET systems and the Booth Level Officer (BLO) application. The proposed committee would examine the legality and distributional impact of additions and deletions from electoral rolls and recommend safeguards.
The petition also asks the court to direct the ECI and the Union government to disclose records, file notings, correspondence, and legal or administrative advice relied upon in formulating and implementing SIR.
Another key prayer seeks suspension of the SIR process until the petition has been heard and finally decided by the court.
Rahul Gandhi and INDIA bloc leaders have also challenged SIR
Owaisi's petition comes after Leader of the Opposition Rahul Gandhi and nine other INDIA bloc leaders filed a writ petition in the Supreme Court challenging SIR.
Apart from Congress leaders Gandhi and Mallikarjun Kharge, the petitioners include Saugata Roy of the Trinamool Congress, led by Mamata Banerjee; Akhilesh Yadav of the Samajwadi Party; Tejashwi Prasad Yadav of the Rashtriya Janata Dal; Sanjay Raut of Shiv Sena (UBT); MA Baby of the Communist Party of India (Marxist); D Raja of the Communist Party of India; Mahua Majhi of the Jharkhand Mukti Morcha; Supriya Sule of the Nationalist Congress Party faction led by Sharad Pawar; and ET Muhammed Basheer of the Indian Union Muslim League.
The petitions raise legal questions over the conduct of the electoral-roll revision and the safeguards required to protect eligible voters during the exercise.