Owaisi files Supreme Court review petition against Election Commission's SIR process
Synopsis
Asaduddin Owaisi has taken the Election Commission back to the Supreme Court, filing a review petition that cites post-judgment disclosures of alleged procedural violations — including decisions made without full Commission approval — under the 2023 Election Commissioners Act. The move reopens a settled legal dispute and puts the ECI's internal governance under fresh judicial scrutiny.
Key Takeaways
AIMIM President Asaduddin Owaisi filed a review petition in the Supreme Court on 14 October 2026 challenging the Special Intensive Revision (SIR) process.
The petition targets the court's 27 May judgment that had upheld the ECI's SIR order of 24 June 2025 .
Owaisi alleges decisions were taken without full Commission approval, in alleged violation of Section 18 of the 2023 Election Commissioners Act .
He questioned the legal immunity granted to the Election Commission under the 2023 law, recalling his objections raised in Parliament.
AIMIM confirmed it remains open to alliance talks with the Samajwadi Party and Congress ahead of Uttar Pradesh elections.
All India Majlis-e-Ittehadul Muslimeen (AIMIM) President and Hyderabad MP Asaduddin Owaisi has filed a petition in the Supreme Court challenging the Election Commission of India (ECI)'s Special Intensive Revision (SIR) process, citing what he described as newly surfaced disclosures that point to serious irregularities in the Commission's internal decision-making.
What the Petition Alleges
The review petition, filed on 14 October 2026, seeks a re-examination of the Supreme Court's earlier judgment dated 27 May, in which the court had disposed of a writ petition and upheld the ECI's SIR order of 24 June 2025. Owaisi argues that material disclosures made after that ruling raise fresh and serious questions about the Commission's conduct.
According to the petition, decisions were allegedly taken 'without the requisite approval of the Commission', in alleged violation of Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The petition also contends that statutory safeguards relied upon by the court when it upheld the SIR may not have been properly implemented.
Owaisi's Core Argument on Collegiality
Speaking to reporters, Owaisi stressed that the Election Commission is legally mandated to function as a collective body. He said it remains unclear whether the SIR-related decisions were unanimous or whether any commissioner had registered a dissenting view. 'We are unable to comprehend the changes made to the statutory enumeration forms, and we lack material information regarding this,' he said, explaining the rationale for the review petition.
He also questioned the government's decision, when enacting the 2023 Act, to extend legal immunity to the Election Commission. 'If the Prime Minister can be sued, and the Home Minister can be sued, why did the government bring this law to grant legal immunity to the Election Commission?' he asked, recalling that he had raised similar objections during Parliamentary debates on the Bill.
AIMIM's Independent Political Stance
Owaisi dismissed questions about his party's absence from the broader INDIA bloc protests, maintaining that AIMIM was pursuing the issue through its own channels. 'We are doing our work. You do your work. We are not against it,' he said. He drew a parallel to his party's participation in protests against the Citizenship Amendment Act (CAA), noting that several parties had not joined that agitation either.
On the de-notification of Jantar Mantar as a protest venue, Owaisi criticised the Centre, arguing that the Supreme Court has upheld the right to peaceful protest and that the arrest of demonstrators was 'not at all necessary.'
Alliance Talks and Uttar Pradesh
On a separate political note, Owaisi confirmed that AIMIM remains open to discussions with the Samajwadi Party and the Indian National Congress (Congress) on a potential alliance in Uttar Pradesh, with the stated goal of preventing Chief Minister Yogi Adityanath from securing a third term. The Uttar Pradesh Assembly elections are due in 2027, making alliance negotiations a live issue.
The Supreme Court's response to the review petition will be closely watched by electoral reform advocates and opposition parties who have raised broader concerns about the SIR exercise and its impact on voter roll integrity.
Point of View
It could force scrutiny of whether the three-member Commission actually functioned collectively, a question with implications well beyond this one revision exercise. The deeper issue Owaisi is surfacing — the legal immunity extended to the ECI under the 2023 law — is one that democratic accountability advocates have flagged but mainstream political debate has largely sidestepped. Whether this review gains traction or is dismissed will signal how willing the court is to revisit settled electoral administration questions in light of new institutional evidence.
NationPress
14 Oct 2026
Frequently Asked Questions
What is the Special Intensive Revision (SIR) that Owaisi is challenging?
The Special Intensive Revision (SIR) is an exercise ordered by the Election Commission of India on 24 June 2025 to intensively revise electoral rolls. The Supreme Court had upheld this SIR order in a judgment dated 27 May , dismissing earlier petitions against it. Owaisi's new review petition argues that post-judgment disclosures reveal the ECI's internal decision-making in approving the SIR was procedurally flawed.
Why has Owaisi filed a review petition now if the Supreme Court already dismissed the earlier petition?
Owaisi contends that material disclosures made after the 27 May judgment reveal alleged irregularities — including decisions taken without the full Commission's approval — that were not before the court when it ruled. Under Supreme Court rules, a review petition can be filed if fresh, significant material emerges that could have changed the outcome.
What does Section 18 of the 2023 Election Commissioners Act say?
Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 governs how the Commission is required to function collectively. Owaisi's petition alleges that certain SIR-related decisions were taken without the requisite collective approval mandated by this section, raising questions about the validity of those decisions.
Why does Owaisi oppose the legal immunity granted to the Election Commission?
Owaisi has argued that the 2023 Act shields the Election Commission from legal proceedings in ways that undermine accountability. He has questioned why the ECI should enjoy legal immunity when constitutional offices such as the Prime Minister and Home Minister do not. He says he raised these objections during Parliamentary debates on the Bill.
Is AIMIM part of the INDIA bloc protests, and what is its position on a UP alliance?
AIMIM is not participating in the current INDIA bloc protests but says it is addressing electoral integrity concerns independently. On alliances, Owaisi confirmed that AIMIM remains open to negotiations with the Samajwadi Party and Congress for a potential Uttar Pradesh electoral tie-up aimed at preventing Chief Minister Yogi Adityanath from winning a third term.
