SC Registry flags 14 defects in Rahul Gandhi's plea against ECI

The Supreme Court Registry has flagged 14 defects in a petition filed by Rahul Gandhi and other INDIA bloc leaders. The plea challenges the ECI's electoral roll revision, with the Registry questioning why individual Election Commissioners were named.

The Supreme Court Registry has flagged 14 defects in the writ petition filed by Leader of Opposition in Lok Sabha Rahul Gandhi, Congress president Mallikarjun Kharge and nine other INDIA bloc leaders challenging aspects of the Election Commission of India (ECIs) ongoing Special Intensive Revision (SIR) of electoral rolls. Pertinently, the Registry has also sought clarification from the petitioners on why private parties — CEC Gyanesh Kumar and two ECs SS Sandhu and Vivek Joshi have been arrayed as respondents in the writ petition. The objection has been raised in the context of the petition being filed under Article 32 of the Constitution.

The petitioners have said they are approaching the Supreme Court over alleged irregularities in the exercise of the Election Commission’s powers during the SIR and have sought, among other reliefs, examination of the manner in which the poll panel took and implemented decisions relating to the electoral-roll revision.

Registry Flags Procedural and Documentary Lapses

The Registry, in its objections notified on October 12, has also asked the petitioners to correct the respondent’s name in the listing proforma, rectify the details of respondents at page 9 and provide the correct respondent number in the prayer. It has separately flagged the absence of the required similarity paragraph, asking for the statement prescribed under the Supreme Court Rules on whether the petitioners had earlier approached the court against the impugned order/judgment and, if so, the result of such proceedings. The Registry has recorded the objection twice as “SIMILARITY PARA NOT FOUND.”

Among other defects, the Registry has directed the petitioners to annex a copy of the decision dated June 24, 2025, which has been referred to in prayer (a). It has also pointed out that the date of Annexure P-2 does not tally with the details in the petition. The Registry has further flagged that the case number of Annexure P-5 does not tally and has directed the petitioners to file a pen drive for Annexure P-6.

The filing has also been found deficient on account of missing documentation. The Registry has recorded that vakalatnamas are missing for petitioner Nos. 3 to 11 and has asked for a clear copy of the identity card of petitioner No. 2. The petitioners have also been asked to deposit Rs 220 more towards court fee.

The Registry has sought colour copies of pages 57 and 64, besides raising objections regarding the presentation and legibility of the papers. It has flagged dim or illegible pages, small font, missing pages, a vernacular page and discrepancies in pagination, with the defects to be identified after the final printout is taken.

Petition Alleges Irregularities in ECI's Functioning

The petition, filed on October 12, invokes Article 32 and alleges, among other things, that there were questions over the collective functioning of the Election Commission in relation to the SIR, the modification of Form 6, the functioning of ECINET and ERONET and the process by which electors were marked for deletion or restoration.

The petitioners have sought production of the ECI’s files, agendas, minutes, notings and objections relating to the disputed SIR decisions, an examination of whether the Commission acted in accordance with Article 324 and Section 18 of the 2023 Act, an independent audit of electoral-roll databases and deletions, and directions to ensure that no elector is deleted without notice and a reasonable opportunity of hearing.

The petition was filed after Chief Justice of India’s written communication of October 11 indicated that matters raising similar issues were listed for hearing on October 13 and that the petitioners could file their plea on October 12, either physically or through e-filing. (ANI)

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