Supreme Court to examine ECI's decision-making process amid SIR row, seeks rejoinders by Nov 17

The Supreme Court on Tuesday said it would scrutinise the Election Commission of India's (ECI) decision-making procedures amid allegations that important decisions, including those concerning the Special Intensive Revision (SIR) of electoral rolls, were taken without the agreement of all three Election Commissioners. "We know everything. We will examine," Chief Justice of India Surya Kant remarked while hearing a series of petitions questioning the functioning of Chief Election Commissioner Gyanesh Kumar and the poll panel. A three-judge bench comprising CJI Surya Kant and Justices Joymalya Bagchi and V Mohana adjourned the proceedings to November 17.

The court also gave the petitioners 10 days to submit rejoinders to the ECI's counter-affidavit, filed on Monday, which maintained that the decisions under scrutiny had been taken unanimously. The court's observations came after senior advocate Abhishek Manu Singhvi, representing Leader of Opposition in the Lok Sabha Rahul Gandhi and other INDIA bloc leaders, sought directions to preserve file notings and internal communications relating to the poll body's decisions. Arguing that the dispute hinged on how the decisions were reached, Singhvi said the records were necessary to establish whether the measures relating to the SIR had received unanimous approval or had been taken unilaterally.

The petitions allege that several decisions issued by the ECI, including those linked to the electoral roll revision exercise, did not have the concurrence of the other two Election Commissioners. During the hearing, the bench also issued notices to the ECI and other respondents on a separate petition filed by Rajya Sabha MP Dola Sen. The plea raises objections to alleged changes in Form 6 during the Bihar SIR, claiming that the modifications were made without the Supreme Court's approval. Senior advocate and MP Maneka Guruswamy, appearing for Sen, submitted that the Election Commission had incorrectly stated that the changes to Form 6 had been approved by the apex court.

The CJI said the court would consider the issues raised in the petitions. He also directed Vikas Singh, senior advocate representing the first petitioner, Rakesh Kumar Singh, to file a rejoinder to the poll panel's response within 10 days. ECI rejects allegations over Form 6, defends SIR In a 248-page affidavit filed on Monday, the Election Commission defended the SIR exercise and dismissed allegations that changes had been made to Form 6, the statutory document used to apply for inclusion in the electoral rolls. "The attempt to make aspersions against the Election Commission is unfortunate," the affidavit, submitted by Deputy Election Commissioner Bhanu Prakash Yeturu on behalf of the ECI, stated, according to PTI.

The poll panel reiterated that Form 6 had not been amended. It also maintained that the affidavit filed before the Supreme Court had itself been approved unanimously by all three Election Commissioners. Controversy over dissent within Election Commission The legal challenge follows a news report which claimed that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised objections on at least 14 occasions over the preceding 10 months to decisions and orders concerning the SIR. According to the report, the two commissioners had objected to decisions being issued without their knowledge or recommendations, prompting questions about the decision-making process within the constitutional body.

The allegations sparked protests by opposition parties and the Cockroach Janta Party (CJP), which demanded the removal of Chief Election Commissioner Gyanesh Kumar. The Supreme Court is scheduled to resume hearing the matter on November 17, after the petitioners submit their rejoinders to the ECI's affidavit.