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Rs 220 Fee Shortfall, Missing Docs: SC Flags 14 Errors In Rahul Gandhi’s Plea Against Gyanesh Kumar

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Key points generated by AI, verified by newsroom

  • Supreme Court registry flagged 14 technical defects in petition.
  • Petition seeks judicial review, ECI record disclosure, and audit.
  • Petition seeks interim stay and independent electoral roll audit.

A petition filed by Leader of Opposition in the Lok Sabha Rahul Gandhi and nine other opposition leaders in the Supreme Court, seeking intervention over alleged large-scale deletions from electoral rolls during the Special Intensive Revision (SIR) and purported irregularities in the election process, has been flagged for 14 technical defects by the court registry.

The registry has also noted that vakalatnamas, or authorisations for lawyers to represent clients, were missing for nine petitioners. The process of rectifying the defects is underway, but completing all corrections on Tuesday may be difficult, raising the possibility that the matter may not be listed for a hearing on Wednesday.

Rahul Gandhi could not reach the Supreme Court before the 4.30 pm deadline, following which advocate S Prasanna filed the petition. The case has been listed on the Supreme Court website as Rahul Gandhi vs Election Commission of India.

The petition seeks a judicial examination of decisions related to the SIR, disclosure of records held by the Election Commission of India (ECI), an independent audit of electoral-roll changes and interim suspension of the ongoing revision process across states until the court delivers its final decision.

Supreme Court Registry Flags 14 Technical Defects

Among the defects flagged by the registry are discrepancies in the names of respondents at certain places in the petition, the absence of an explanation for impleading private parties as respondents and the failure to attach a copy of an earlier judgment.

The registry has also pointed out that vakalatnamas were not filed for nine petitioners, excluding Rahul Gandhi and Congress president Mallikarjun Kharge. Other objections include a blurred copy of Kharge’s identity card, a shortfall of Rs 220 in court fees and deficiencies in the printing of documents.

The petitioners are in the process of addressing the objections. However, the number of defects could affect when the matter is taken up for hearing.

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Which Opposition Leaders Are Associated With The Plea?

Besides Rahul Gandhi and Kharge, the petition is associated with Samajwadi Party chief Akhilesh Yadav, Rashtriya Janata Dal leader Tejashwi Yadav, Nationalist Congress Party (Sharadchandra Pawar) leader Supriya Sule, Shiv Sena (UBT) leader Sanjay Raut, Communist Party of India leader D Raja, Communist Party of India (Marxist) general secretary M A Baby and Indian Union Muslim League leader E T Mohammed Basheer.

One of the opposition’s key demands is the resignation of Chief Election Commissioner Gyanesh Kumar.

The petition challenges decisions linked to the SIR and raises concerns over alleged irregularities in electoral-roll preparation and revision. It asks the court to examine whether the Election Commission’s actions comply with constitutional provisions and applicable laws.

Petition Seeks Disclosure Of SIR Records, Legal Review Of Decisions

The petition asks the Supreme Court to direct the ECI to produce all files, agreements, meeting records, objections and other documents related to the SIR. It specifically seeks access logs from the ECINET and ERONET systems, along with official file notings concerning the decision to begin the revision process on June 24, 2025.

According to the petition, disclosure of these records is necessary to safeguard fundamental rights under Articles 14, 19 and 21 of the Constitution and ensure compliance with Article 324, which concerns the powers and responsibilities of the Election Commission.

It also seeks a judicial examination of whether decisions related to the SIR comply with Article 324, Section 18 of the 2023 law concerning election commissioners, and the principles laid down by the Supreme Court in T N Seshan vs Union of India (1995).

The petition asks that any decision found to have been taken without proper legal authority or without following due procedure be quashed.

Action Sought Against Officials Over Electoral-Roll Irregularities

The petition seeks directions for action against officials or other responsible persons found to have violated constitutional or legal requirements governing the preparation and revision of electoral rolls.

It calls for strict action, wherever warranted, under Section 32 of the Representation of the People Act, 1950, which deals with violations relating to electoral duties.

The petition also asks the Election Commission to decide the grievances raised in the current plea and connected cases fairly and appropriately. It seeks compliance with Section 18 of the 2023 law in all SIR-related decisions, with complete records maintained of the decision-making process.

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Petition Challenges Online Form-6 Changes

Another request concerns Form-6, used for applications relating to inclusion of names in electoral rolls. The petition asks the court to direct the Election Commission to ensure that the online version of the form conforms exactly to the version prescribed under the Registration of Electors Rules, 1960.

It argues that no changes or additions should be made to the prescribed form unless the rules are formally amended through the legally mandated procedure.

Independent Committee Sought To Audit Voter-List Changes

The petition seeks the formation of an independent committee headed by a retired Supreme Court judge, with technical experts and eminent citizens as members.

The proposed panel would be tasked with conducting an impartial investigation and audit, within a stipulated timeframe, of names deleted and changes made to electoral rolls during the SIR.

It would also examine the electoral-roll databases, including ECINET and ERONET, and investigate access to these systems and alterations made to their records.

The committee is further expected to review the use of electronic voting machines (EVMs), along with the policies, rules, protocols and technical designs governing them. The petition calls for the review to take into account international best practices aimed at ensuring free and fair elections.

Petition Seeks Public Disclosure Of Deleted Voters’ Names

The petition asks the Election Commission to publish the names of all voters removed from electoral rolls during the SIR, organised by polling booth.

It also seeks disclosure of the reasons for each deletion, categorisation of the affected voters by gender and age, and an effective mechanism to restore the names of eligible voters to the rolls.

The petition further asks the court to direct authorities not to remove any voter’s name without issuing notice as required by law and providing a proper opportunity to be heard.

It also seeks permission for eligible voters in Punjab and all other states due to hold elections to apply for inclusion in the electoral rolls until the applicable statutory deadline.

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Interim Stay On Ongoing SIR Sought Across States

Pending a final decision on the issues raised in the petition, the opposition leaders have sought an interim order staying the ongoing SIR process across all states.

The plea says the proposed relief is necessary to protect eligible voters’ rights and maintain fairness and transparency in the electoral process.

The petition also asks the Supreme Court to pass any further orders it considers appropriate in light of the facts and circumstances of the case to safeguard the fairness of elections and the voting rights of every eligible citizen.

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