SC seeks reply from EC, CEC on SIR plea; questions Rahul's march

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New Delhi: The Supreme Court on Thursday, October 15, sought the Election Commission’s response on a plea by Congress leader Rahul Gandhi and other Opposition leaders alleging large-scale deletion of voters and irregularities in the Special Intensive Revision (SIR) of electoral rolls.

The court also issued notice to Gandhi, Samajwadi Party chief Akhilesh Yadav and others on a separate plea against their march to the apex court on Monday, October 12, observing that “nobody can browbeat judiciary.”

A bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi issued notice to the poll panel, Chief Election Commissioner (CEC) Gyanesh Kumar and Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi. It said the petition would be heard along with similar cases already pending before it.

“We are issuing notice… But we would like to ask one of the petitioners about his conduct,” the bench said, without naming anyone, even as it was indicated at Rahul Gandhi. 

When some lawyers referred to the march during the hearing, the bench said, “Nobody can browbeat judiciary. We are not sitting in ivory towers.”

Who moved the court

Besides Rahul Gandhi, the Leader of Opposition in the Lok Sabha, the petitioners include Congress president Mallikarjun Kharge, Trinamool Congress (TMC) MP Saugata Roy, Akhilesh Yadav and Rashtiya Janata Dal (RJD) leader Tejashwi Prasad Yadav.

The leaders marched to the court with opposition MPs on October 12, amid protests demanding the CEC’s resignation over alleged irregularities in the SIR, a house-to-house re-verification of voter lists.

A large crowd gathered on the court premises and the plea was filed through lawyers moments before the registry closed for the day.

The registry had flagged 14 defects in the petition, including missing documents and a shortfall in court fees. It had also questioned the naming of individual election commissioners as respondents.

Apology does not mean authorities can defend actions: SC

During the hearing, Solicitor General Tushar Mehta referred to the unconditional apology tendered by Union Home Secretary Govind Mohan in a separate contempt case. He said an apology did not mean the authorities could not defend their actions, and that it was part of procedure.

The bench told Mehta it was not taking note of media reports about officials apologising to the court.

The contempt case relates to alleged violation of the court’s direction that there be no “complete prohibition” on Metro and train services in Delhi during the October 10 protest. That protest was called by the Cockroach Janta Party (CJP), which is also demanding the CEC’s resignation.

The court also issued notice to the Centre and others on pleas relating to the Election Commission filed by All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi and Congress leader Digvijaya Singh.

It further agreed to examine a plea challenging the de-notification of Jantar Mantar as a designated protest site.

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