SC PIL Seeks Expert Panel to Probe Election Commission's Functioning
A PIL in the Supreme Court seeks an expert panel to examine ECI functioning and a ban on religious appeals during election campaigns.
A Public Interest Litigation (PIL) has been moved before the Supreme Court of India, demanding the creation of an independent expert committee to investigate alleged institutional deficiencies within the Election Commission of India (ECI). The petition, filed by advocate Vishal Tiwari, calls for a high-level review to ensure the integrity of the democratic process and seeks a strict ban on the use of religious appeals during election campaigns.
Call for an Independent Oversight Committee
The petitioner has urged the court to appoint a committee headed by a former Chief Justice of India or a former Supreme Court judge. This proposed panel would consist of specialists across various critical fields, including:
- Constitutional Law
- Election Administration
- Statistics and Technology
- Cybersecurity and Data Protection
The primary objective of this committee would be to identify systemic shortcomings in how the ECI operates and to recommend measures that strengthen institutional accountability.
Allegations of Internal Friction
A significant portion of the plea relies on a newspaper report from September 23, which highlighted internal disagreements within the poll body. The report suggested that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded written objections on at least 14 separate occasions over ten months.
These objections were reportedly directed against decisions allegedly made unilaterally by Chief Election Commissioner Gyanesh Kumar. The points of contention included:
- Unauthorised changes made to the statutory Form 6.
- The centralisation of the electoral database.
- The filing of appeals in West Bengal without necessary approval.
- Orders regarding the allocation of work.
While the ECI reportedly acknowledged these dissenting notes, the petition claims the body dismissed them as "routine suggestions" and failed to clarify who authorised the changes to Form 6.
Concerns Over Electoral Rolls
The PIL brings to light serious discrepancies in electoral roll management across different states. In West Bengal, the petition points to the Special Intensive Revision (SIR), noting that out of approximately 38.20 lakh appeals filed by citizens excluded from the rolls, only about 1.02 lakh had been disposed of. This backlog reportedly led the ECI to seek an increase in appellate tribunals from 19 to 42.
Furthermore, the plea cites a technical glitch in Maharashtra's draft electoral roll. It is alleged that 2,70,313 electors were erroneously recorded as being between 101 and 150 years old due to a default birth-year error.
Cracking Down on Communal Campaigning
Beyond institutional functioning, the petition seeks a judicial directive to prohibit political parties and candidates from using religious identities to garner votes. The plea argues that the Election Commission should be barred from allowing:
- The display of religious symbols during campaigns.
- Communal or sectarian appeals.
- The use of hate speech to influence voters.
A Non-Partisan Approach
Advocate Vishal Tiwari has clarified that the petition is prospective and non-partisan in nature. He emphasized that the plea does not challenge the results of any past elections, nor does it seek to attribute wrongdoing to any specific public office-holder or political party. Instead, the focus remains on safeguarding the electoral process for the future.