PIL in Supreme Court seeks probe into ECI functioning, 13 crore voter deletions
Synopsis
Key Takeaways
A public interest litigation (PIL) has been filed before the Supreme Court seeking an independent investigation into alleged irregularities in the functioning of the Election Commission of India (ECI), including the purported deletion of around 13 crore names from electoral rolls. The writ petition, filed by advocate Shailendra Mani Tripathi, targets decisions allegedly taken under Chief Election Commissioner Gyanesh Kumar without the approval of the full Commission.
Key Allegations in the Petition
The PIL seeks directions for a probe into the alleged deletion of 13 crore voter names from electoral rolls, the restoration of the original Form 6 used for voter registration, and the reversal of decisions allegedly made without full Commission approval. The petition relies on documents and media reports published on 23 September concerning written objections raised by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi against decisions taken within the poll body.
According to the petition, the two Election Commissioners recorded written dissents on at least 14 occasions between November 2025 and August 2026, covering objections related to the Special Intensive Revision (SIR) of electoral rolls, IT systems, and administrative decisions.
Changes to Form 6 and IT System Concerns
The petition alleged that the ECI's IT division introduced changes to Form 6 by making the 'last SIR' linkage mandatory for first-time voters — reportedly without any amendment to the Registration of Electors Rules, 1960. It further alleged that the statutory powers of Electoral Registration Officers (EROs) were curtailed through centralisation of electoral roll management under the Director General of IT.
The plea cited the case of 97 electors in Goa whose names EROs were allegedly unable to restore despite finding them eligible, because the ECINet system lacked a 'rollback/reversal' facility. In West Bengal, the petition claimed that 16.10 lakh appeals were filed in the ECI's name against citizens whose names had been restored by judicial officers during the SIR exercise.
The Disputed Administrative Order
The petitioner has challenged an administrative order issued on 28 July by Senior Deputy Election Commissioner Maneesh Garg, alleging it altered the IT oversight structure without the full Commission's approval. Election Commissioners Sandhu and Joshi subsequently wrote to Cabinet Secretary T.V. Somanathan, describing the order as a violation of Section 18 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, according to the petition.
Legal Arguments and Scope of Protection
The petition argued that if the alleged manipulation of electoral rolls were established, such acts would fall outside the scope of official duty and would therefore not attract the statutory protection available to election commissioners for acts done in discharge of their official functions. It has sought directions for an investigation and appropriate criminal proceedings against those found responsible, if allegations are proven.
ECI's Response
The ECI, in a press note issued on 23 September, rejected the characterisation of internal differences as an institutional 'rupture'. The poll body stated that written objections and internal notes are established mechanisms within a multi-member constitutional body, and that decisions are governed by the 2023 law and resolved through majority decisions. The PIL comes amid an ongoing public debate over reported differences within the three-member Commission.
The Supreme Court is yet to list the petition for hearing. The outcome could have significant implications for the institutional autonomy and internal governance of India's apex electoral authority.