INDIA Bloc Challenges Election Commission’s Decisions in Supreme Court

The CSR Journal Magazine

The INDIA bloc has initiated a petition in the Supreme Court questioning the functioning and decisions of the Election Commission of India (ECI) during the Special Intensive Revision (SIR) of electoral rolls. The petition specifically alleges that Chief Election Commissioner Gyanesh Kumar made decisions without the inputs or approval of the other two Election Commissioners. This assertion is backed by a report dated September 23, 2026, which highlighted that objections were raised on 14 occasions over a ten-month period related to voter registration, deletions, and data access.

The ECI, however, asserts that all decisions were made through a unanimous process and that any differences of opinion were a normal aspect of deliberation. The ongoing allegations have prompted questions regarding the operational integrity of the electoral authority.

Legitimacy of Nationwide SIR Questioned

Another significant aspect of the petition pertains to whether the nationwide SIR initiated in 2025 received formal approval from the full Election Commission. An RTI application submitted on July 28, 2025, sought documents related to this decision but reportedly returned only the order dated June 24, 2025. The petition claims that no official decision was recorded to commence SIR as of that date, despite the order suggesting otherwise.

Additionally, a press note dated September 26, 2026, from the ECI claimed that the decision had received unanimous approval, which the petition challenges. The petition requests the Supreme Court to summon the pertinent original files to further investigate the approval process.

The petition also invokes the 1995 Supreme Court judgment in T.N. Seshan v. Union of India, contending that the Chief Election Commissioner does not possess superior decision-making authority compared to the other commissioners. It cites statutory language reinforcing the necessity for consensus, raising concerns of potential conflicts with constitutional mandates.

Changes to Voter Registration Procedures Explored

The petition also raises issues surrounding modifications made to online Form 6 in July 2026, which allegedly required applicants to declare if they or their relatives were listed on earlier rolls. Petitioners argue that these changes were implemented without proper amendments to existing electoral rules, specifically the Registration of Electors Rules, 1960. An oral clarification from the Supreme Court on October 5, 2026, suggested that the court had not sanctioned these alterations.

Concerns are also raised that the new requirements could pose obstacles for first-time voters and eligible candidates, further complicating the voter registration process.

There is a significant demand for an independent audit of the Election Commission’s digital systems, ECINET and ERONET, which are pivotal in election administration. The petition highlights potential issues related to voter records and the operational capabilities of Electoral Registration Officers in reversing erroneous deletions.

Issues Regarding Voter Deletions and Safeguards

The petition references a separate case concerning the deletion of about 13 crore names from electoral rolls across various states during SIR. The ECI maintains this figure relates to voters marked absent, dead, or duplicative and does not represent final deletions. The petition seeks an evaluation of these exclusions, questioning if eligible voters have been wrongfully removed.

Concerns about the process of bulk Form 7 objections were also raised, alleging that claims of forged names and false declarations led to the deletion of voters without appropriate notice. The petition advocates for strengthened safeguards and measures to ensure that eligible voters can restore their names if unjustly removed.

Furthermore, the example of Punjab illustrates the potential consequences of these electoral revisions. With a reported decrease of 20.66 lakh names from the draft electoral roll, the petition argues that eligible voters may be unjustly excluded without adequate time or remedies for re-establishment of their voter status.

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