Supreme Court seeks ECI response to Rahul Gandhi-led plea over alleged poll irregularities

The Supreme Court on Thursday issued notice to the Election Commission of India (ECI) and the three election commissioners on a petition led by Leader of Opposition in the Lok Sabha Rahul Gandhi and 12 other INDIA bloc leaders seeking an independent investigation into alleged electoral irregularities and the functioning of the poll panel.

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi, however, issued a provisional notice in relation to Jharkhand Mukti Morcha (JMM) leader Mahua Maji, a co-petitioner in the case, taking exception to some of her statements.

“Respondent no. 9 will have to explain her statements and conduct,” the bench said.

The petition calls for a time-bound investigation into allegations that Chief Election Commissioner Gyanesh Kumar took several decisions unilaterally. It also seeks a suspension of the ongoing special intensive revision (SIR) of electoral rolls until an independent inquiry is completed.

Opposition questions unilateral decision-making in ECI

The INDIA bloc leaders have argued that the alleged exercise of collective powers by a single member of the ECI raises questions about compliance with the Constitution and the laws governing the three-member body.

The petition refers to a report by The Indian Express claiming that election commissioners Sukhbir Singh Sandhu and Vivek Joshi objected to Kumar's alleged unilateral decision-making on 14 occasions over 10 months.

On that basis, the petitioners have asked the court to direct the production of complete files, agendas, minutes, notings and objections recorded by the two commissioners in connection with disputed decisions. These include the June 2025 decision to conduct the SIR exercise.

The plea also seeks the creation of an independent committee headed by a retired Supreme Court judge, with technical experts and civil society representatives, to examine the ECI's decisions, policies, procedures and technical architecture relating to electronic voting machines.

Petition seeks scrutiny of voter revision and electoral databases

Among the issues raised is the alleged modification of statutory Form 6 without a corresponding amendment to the Registration of Electors Rules, 1960.

The petitioners have also questioned the centralised functioning of the ECINET and ERONET electoral-roll databases, as well as the alleged exclusion of eligible voters without adequate notice, a hearing or an effective mechanism for restoration.

The opposition leaders contend that the independence and collective functioning of the ECI are essential to free and fair elections, which they describe as a feature of the Constitution's basic structure. They have sought appropriate action against those responsible for any breach of constitutional or statutory provisions governing the preparation and revision of electoral rolls.

The petitioners have clarified that they are not seeking to reopen the Supreme Court's decision upholding the validity of the SIR exercise in Bihar. Instead, they want the court to examine whether individual decisions taken during its implementation complied with the constitutional and statutory safeguards governing the functioning of the poll panel.

How the petition reached the Supreme Court

The plea was filed after Chief Justice Surya Kant declined to meet Rahul Gandhi and Congress president Mallikarjun Kharge, the Leader of Opposition in the Rajya Sabha, over their concerns about the SIR exercise and the functioning of the ECI. The Chief Justice had indicated that the issues could be raised through appropriate judicial proceedings.

Gandhi personally approached the Supreme Court registry on Monday to file the petition, joined by Kharge and leaders of other INDIA bloc parties in a show of opposition unity.

The filing was initially held up after the registry flagged 14 defects. These included a court-fee shortfall of ₹220, an illegible photocopy of Kharge's identity card and missing vakalatnamas for nine petitioners.

Filed through advocate S Prasanna, the petition names the ECI, Chief Election Commissioner Gyanesh Kumar and election commissioners Sukhbir Singh Sandhu and Vivek Joshi as respondents. The Supreme Court's notice marks the next stage in the judicial consideration of the opposition leaders' allegations concerning the poll panel's functioning.