Rahul Gandhi-led plea on SIR irregularities not listed in SC as petitioners yet to fix defects

New Delhi: A petition filed by Congress leader Rahul Gandhi and 10 prominent Opposition leaders challenging alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls was not listed for hearing in the Supreme Court on Tuesday, as the petitioners are yet to rectify defects flagged by the court registry.

According to the Supreme Court's website, the registry had identified 14 defects in the petition, including the absence of a clear copy of the identity card of Congress president and Leader of Opposition in the Rajya Sabha Mallikarjun Kharge, who is among the co-petitioners. The registry had also flagged illegible or missing pages in the documents submitted.

A bench headed by Chief Justice of India (CJI) Surya Kant assured the petitioners that the matter would be listed once the defects were rectified.

"We will list all these matters. Make sure that the defects are cured," the CJI told senior advocate Gopal Sankaranarayanan, who mentioned the matter on behalf of a journalist.

The development comes a day after Gandhi and several Opposition leaders participated in a march on October 12 and sought the CJI's intervention on issues concerning Chief Election Commissioner Gyanesh Kumar and the Election Commission of India (ECI), alleged arbitrary arrests of students, the closure of Metro stations and the cancellation of trains.

Responding to Gandhi's request for a meeting to submit a memorandum on these issues, the CJI had assured an early hearing if a petition was filed before the court in its judicial capacity.

The plea, filed by Gandhi, has Kharge, Trinamool Congress MP Saugata Roy, Samajwadi Party chief Akhilesh Yadav, Rashtriya Janata Dal leader Tejashwi Prasad Yadav, Nationalist Congress Party (Sharad Pawar) leader Supriya Sule, Shiv Sena (UBT) leader Sanjay Raut, Communist Party of India leader D Raja, Jharkhand Mukti Morcha MP Mahua Majhi, CPI(M) general secretary M A Baby and Indian Union Muslim League leader E T Mohammed Basheer as co-petitioners.

What does the plea seek?

The petition alleges large-scale deletions of voters and irregularities in the SIR of electoral rolls. It has sought an independent, time-bound audit of deletions and modifications carried out during the exercise, to be conducted by a committee headed by a retired Supreme Court judge and assisted by technical experts and other eminent citizens.

It has also urged the court to direct the authorities not to delete any elector from the rolls without prior notice and a reasonable opportunity to be heard, in accordance with the law.

The petition further seeks to ensure that eligible voters in Punjab and other states going to the polls are allowed to apply for inclusion in the electoral rolls until the last date permitted by law.

Seeking interim relief, the petitioners have asked the court to suspend the ongoing SIR across states until the issues raised in the case are considered and adjudicated.

The plea states that such a direction is necessary to protect the rights of eligible voters and preserve the integrity of the electoral process.

Petition seeks ECI records, accountability over SIR decisions

The Election Commission of India, Chief Election Commissioner Gyanesh Kumar and Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi have been named as respondents in the case.

The petition has sought directions to the poll panel to produce complete records relating to disputed decisions concerning the SIR, including files, agendas, minutes, internal notings and objections recorded by the Election Commissioners.

It has also sought access to the relevant ECINET and ERONET access logs, along with the complete records of the decision taken on June 24, 2025, to initiate the SIR exercise across the country.

The petitioners have urged the court to examine whether the disputed decisions complied with Article 324 of the Constitution, Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, and the relevant judicial rulings.

Article 324 of the Constitution vests the Election Commission with the superintendence, direction and control of the preparation of electoral rolls and the conduct of elections.

The plea has further sought the quashing of decisions found to have been taken without lawful authority, along with appropriate action against those responsible for violations of constitutional or statutory provisions governing the preparation and revision of electoral rolls.

It has referred to Section 32 of the Representation of the People Act, 1950, in seeking action wherever warranted.

The petition also seeks a direction to ensure that the online Form 6, used to apply for inclusion in the electoral rolls, conforms to the form prescribed under the Registration of Electors Rules, 1960, unless the rules are amended through the legally prescribed procedure.

Additionally, the petitioners have sought the publication of booth-wise lists of voters deleted during the SIR, with reasons for each deletion and a breakdown by gender and age. They have also sought an effective mechanism to restore the names of eligible voters who have been wrongly excluded.

CJI declined meeting request from Gandhi, Kharge

Earlier, the CJI had declined a request from Gandhi and Kharge for a meeting to submit a memorandum concerning the Election Commission and other issues.

In his response to the Congress leaders, Surya Kant said convening a meeting on matters that were sub judice would contravene the principle of separation of powers and be incompatible with established judicial ethics and propriety.

The petition is now awaiting listing after the petitioners rectify the defects identified by the Supreme Court registry.