SC Registry flags 14 defects in Rahul Gandhi, INDIA bloc leaders’ plea against ECI
The Supreme Court Registry has identified 14 defects in the writ petition filed by Rahul Gandhi and INDIA bloc leaders against the Election Commission.
The Supreme Court Registry has hit a major speed bump in the legal battle between the opposition and the poll panel. A writ petition filed by Lok Sabha Leader of Opposition Rahul Gandhi, Congress President Mallikarjun Kharge, and nine other leaders from the INDIA bloc has been flagged with 14 distinct defects.
The petition, which challenges the Election Commission of India’s (ECI) ongoing Special Intensive Revision (SIR) of electoral rolls, now faces significant procedural hurdles before it can proceed in the apex court.
Questions Over Respondents and Article 32
One of the most critical points raised by the Registry involves the legal standing of the respondents. Since the petition was filed under Article 32 of the Constitution, the Registry has sought urgent clarification on why private individuals—specifically Chief Election Commissioner Gyanesh Kumar and Election Commissioners SS Sandhu and Vivek Joshi—have been named as respondents.
The petitioners had approached the court alleging irregularities in how the ECI exercised its powers during the electoral-roll revision. They are seeking an examination of the decision-making processes used by the poll panel during the SIR process.
A Long List of Procedural Errors
The Registry's objections, notified on October 12, highlight a series of administrative and technical lapses in the filing. The list of corrections includes:
- Identity and Documentation: Missing vakalatnamas for petitioners 3 through 11 and a requirement for a clear copy of the identity card for petitioner No. 2.
- Missing Information: The absence of a mandatory "similarity paragraph," which must state whether the petitioners had previously approached the court regarding the same issue.
- Inconsistencies: Discrepancies in dates, such as the date of Annexure P-2 not matching the petition, and a case number mismatch in Annexure P-5.
- Technical Requirements: A directive to provide a pen drive for Annexure P-6 and the submission of colour copies for specific pages.
- Legibility Issues: Objections regarding small fonts, dim or illegible pages, missing pages, and even the presence of a vernacular page.
- Financials: A requirement to deposit an additional Rs 220 towards court fees.
The Core of the Dispute
Despite these procedural setbacks, the substance of the petition remains a high-stakes confrontation. The INDIA bloc leaders have raised serious questions regarding the collective functioning of the Election Commission during the SIR. Specifically, the plea targets:
- The modification of Form 6.
- The functioning of digital platforms like ECINET and ERONET.
- The specific processes used to mark electors for deletion or restoration from the rolls.
The petitioners are demanding the production of ECI files, agendas, minutes, and notings related to the disputed decisions. They are also calling for an independent audit of electoral-roll databases to ensure that no voter is deleted without proper notice and a reasonable opportunity to be heard, asserting that the Commission must act strictly in accordance with Article 324 and Section 18 of the 2023 Act.