‘Calculated campaign’: 42 former judges defend Gyanesh Kumar in open letter amid escalating EC row

New Delhi: Forty-two former judges and retired holders of constitutional offices have come out in support of Chief Election Commissioner Gyanesh Kumar, expressing concern over what they described as a sustained campaign against the Election Commission of India and other constitutional institutions.

In an open letter dated October 7, the signatories said criticism of constitutional institutions was a democratic right but objected to authorities being described as "puppets", "thieves" and "compromised" without such allegations being established before a court of law.

The former judges said the campaign appeared to be a "calculated campaign driven by vested political interests", warning that attempts to undermine public confidence in constitutional institutions could have serious consequences.

Former judges question ‘vote theft’ allegations

The letter also addressed allegations of "vote theft" being raised against the Election Commission. The signatories questioned why such allegations were being made at press conferences rather than being supported through formal legal proceedings.

They referred to the Election Commission's request for a sworn declaration in connection with allegations concerning electoral rolls and said the declaration had not been submitted by Congress leader Rahul Gandhi.

The former judges also questioned what they described as selective criticism of electronic voting machines, pointing out that the same electoral system had produced victories for different political parties.

SIR becomes another point of contention

The former judges also defended the Special Intensive Revision (SIR) of electoral rolls, saying the Election Commission has constitutional and statutory authority to revise electoral rolls.

Referring to Section 21(3) of the Representation of the People Act, 1950, they said electoral roll revisions had been conducted in the past and argued that the exercise was intended to remove entries relating to deceased persons, duplicate registrations and voters who had relocated, while ensuring eligible voters remained on the rolls.

The letter also referred to the Supreme Court's position on the legality of the SIR exercise and said the revision was within the Election Commission's powers.

Opposition continues protest against CEC

The open letter comes amid an ongoing political confrontation between the opposition and the Election Commission over electoral rolls, SIR and allegations concerning the conduct of elections.

Congress president Mallikarjun Kharge hosted an INDIA bloc lunch meeting in Delhi for the second consecutive day before announcing plans for a peaceful sit-in at Gandhi Memorial.

Congress leader Rahul Gandhi has continued to target Gyanesh Kumar and accused the prime minister, Union home minister and RSS chief of being involved in what he described as a "criminal conspiracy" to "hijack democracy". These are political allegations made by Gandhi and have not been established as facts.

Meanwhile, the CJP has continued its protests against the Election Commission and SIR. CJP founder Abhijit Dipke repeated allegations of "vote theft" and called for Gyanesh Kumar's resignation. The claims are disputed and have not been established as facts.

The intervention by the 42 former judges and constitutional office holders adds another dimension to the ongoing dispute over the Election Commission. While opposition parties and their supporters have questioned the conduct of the poll body and raised concerns about electoral rolls, the former officials have argued that criticism should be backed by evidence and pursued through appropriate legal channels.

The disagreement also highlights the wider debate surrounding SIR, electoral-roll verification and EVMs. The Election Commission has maintained that electoral-roll revision is part of its statutory responsibilities, while opposition parties have raised concerns about possible exclusion of legitimate voters.

The contrasting positions have intensified scrutiny of the Election Commission at a time when opposition parties are publicly demanding Gyanesh Kumar's resignation and planning further protests. The latest open letter seeks to shift the focus towards protecting the credibility of constitutional institutions and challenging what its signatories describe as unsupported allegations against them.