Owaisi moves Supreme Court challenging Election Commission's SIR exercise

Earlier, Leader of Opposition (LoP) Lok Sabha Rahul Gandhi, LoP Rajya Sabha Mallikarjun Kharge and other Opposition leaders also moved the apex court, alleging procedural irregularities and seeking an independent audit of voter databases and deletions.

The Opposition petition has sought an independent audit of voter databases and deletions, along with the constitution of a committee headed by a retired Supreme Court judge to examine the implementation of the revision exercise and the technical systems governing electoral rolls and Electronic Voting Machines (EVMs).

The petitioners earlier questioned the exercise of the Election Commission's collective powers by the Chief Election Commissioner (CEC) without the knowledge or concurrence of the other Election Commissioners. They have sought records, including files, minutes, notings and objections, relating to the decision to undertake the nationwide SIR.

The plea filed by Rahul Gandhi argues that the Election Commission must function as a multi-member constitutional body and that decisions concerning electoral rolls must comply with Article 324 of the Constitution and the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

The petition also raises concerns over the modification of online Form 6 on the ECINET platform to include a declaration regarding the presence of applicants or their relatives in an earlier SIR electoral roll. It argues that the additional requirement was introduced without a corresponding amendment to the applicable rules, potentially placing an additional burden on eligible voters, particularly first-time voters.

The petitioners have also sought an independent technical audit of the ECINET and ERONET databases, publication of booth-wise details of deleted electors and the reasons for each deletion, as well as safeguards to ensure that no eligible voter is removed without notice and a reasonable opportunity to be heard.

The plea further flags alleged bulk filing of Form 7 objections seeking deletion of names and concerns over the targeting of particular communities and women. These allegations are yet to be adjudicated.

The petition acknowledges the Election Commission's response that reported differences among commissioners were part of the deliberative process and that its decisions were unanimous. It seeks examination of official records to establish whether the decisions were taken in accordance with the law.

Meanwhile, Owaisi has repeatedly criticised the conduct of the SIR exercise. He has also called for the repeal of the law governing the appointment of Election Commissioners, arguing that the legal immunity granted to the Chief Election Commissioner (CEC) and Election Commissioners undermines the credibility of the poll body.

Owaisi also called for the immediate discontinuation of the SIR exercise, questioning the basis for the additional requirements imposed on voters.

Defending the right to protest, the AIMIM chief said, "The Supreme Court itself has said that protesting is a fundamental right. People will protest, and they should protest. If you shut down Delhi, will you be able to shut down people's minds? You cannot. The entire situation has been completely mishandled."

Meanwhile, the SIR controversy has coincided with protests by the Cockroach Janata Party (CJP) in Delhi, where the police arrested three activists on October 13 for allegedly entering the de-notified Jantar Mantar protest site and obstructing police personnel.

According to Delhi Police, two activists, Saurav Das and Ashutosh Ranka, were remanded to five days of judicial custody on Wednesday, while Ajinkya Shinde was bound down for six months to maintain peace and good behaviour.

The police said the action was taken in view of the activists' alleged repeated attempts to disturb public peace, violate the law and instigate others through social media. The activists' representatives have questioned the legal basis of the action.

The developments come amid the ongoing agitation by Opposition parties against the Election Commission over alleged irregularities in the SIR exercise. (ANI)