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Gyanesh Kumar, Poll Panel Get Supreme Court Notices Over Rahul Gandhi's Petition

The Supreme Court issued notices to the Election Commission and CEC Gyanesh Kumar on Rahul Gandhi's petition alleging irregularities in the Special Intensive Revision (SIR) exercise. The court also took up a plea concerning the Opposition's march to its premises.

Gyanesh Kumar, Poll Panel Get Supreme Court Notices Over Rahul Gandhi's Petition
Congress leader Rahul Gandhi and other Opposition leaders during their march to the Supreme Court over allegations of irregularities in the SIR exercise. | Courtesy: Supreme Court

The Supreme Court on Thursday issued notices to the Election Commission of India (ECI), Chief Election Commissioner (CEC) Gyanesh Kumar and the other two commissioners, Sukhbir Singh Sandhu and Vivek Joshi, over a petition filed by Congress MP and Leader of Opposition (LoP) Rahul Gandhi on October 12. The writ petition sought an examination of Gyanesh Kumar's actions during the Special Intensive Revision (SIR) exercise, which reportedly left millions of people without the right to vote.

"We are issuing notice ... Tagging with pending cases. But we would like to ask one of the petitioners about his conduct," the bench said, according to news agency PTI.

During the hearing, some lawyers objected to the manner in which the petition was submitted. On October 12, a delegation of Opposition leaders, including Samajwadi Party (SP) chief Akhilesh Yadav, Rashtriya Janata Dal (RJD) leader Tejashwi Yadav and former West Bengal Chief Minister Mamata Banerjee, alongside Rahul Gandhi, marched in Delhi to the Supreme Court premises to file the petition.

However, the advocate-on-record and the legal team present at the Supreme Court registry had submitted the petition on behalf of Rahul Gandhi, Congress chief Mallikarjun Kharge and other leaders as petitioners in accordance with the prescribed protocols, before the rally could arrive. When the Opposition leaders and their supporters reached the premises, the crowd created a commotion on the campus.

A plea against their march to the apex court was also taken up. Following this, the bench issued notices to Gandhi, SP chief Akhilesh Yadav and others. Taking note of the matter, the bench said, "Nobody can browbeat judiciary. We are not sitting in ivory towers," the media agency added. 

On October 10, Congress leaders wrote to Chief Justice of India (CJI) Surya Kant, seeking a meeting to discuss the functioning of the poll panel amid growing questions over the ECI's role. Turning down the request, CJI Kant urged Gandhi to file a petition instead, saying that convening a meeting to discuss matters already pending for hearing would contravene the principle of separation of powers and be "incompatible with established ethics and judicial propriety".

What The Opposition's Petition Says

The Opposition's petition raised several allegations concerning the functioning of the Election Commission during the implementation of the SIR exercise.

The petition read: "The present Petition arises from serious allegations concerning the functioning of the Election Commission of India during the implementation of the SIR, including the alleged exercise of the Commission's collective powers by the Chief Election Commissioner without the knowledge, approval or concurrence of the other Election Commissioners; the absence of a recorded decision of the Commission authorising the nationwide SIR; the unlawful modification of the statutory Form 6 without amendment of the applicable Rules; the centralised and opaque functioning of the ECINET and ERONET electoral-roll databases; and the large-scale exclusion of electors without adequate notice, hearing or an effective mechanism for restoration."

Meanwhile, the court also issued notices to the Centre and others on various pleas concerning the Election Commission filed by leaders, including Asaduddin Owaisi.