A public interest litigation (PIL) has been filed before the Supreme Court seeking the constitution of an independent expert committee, chaired by a former Chief Justice of India or a former judge of the top court, to examine institutional shortcomings in the functioning of the Election Commission of India (ECI). The petition, filed by advocate Vishal Tiwari, also prays for a direction to the ECI to enforce an absolute prohibition on election campaigning using religious tags, religious symbols, communal appeals, sectarian identity, or hate speech.
What are the specific allegations of unilateral decision-making against the CEC?
The petition relies on a September 23 report by The Indian Express stating that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi recorded written objections on at least 14 occasions over ten months regarding unilateral decisions taken by Chief Election Commissioner Gyanesh Kumar. These objections allegedly pertained to unauthorised alterations to statutory Form 6, centralisation of the electoral database, unapproved appeal filings in West Bengal, and work allocation orders. The plea states the ECI acknowledged the dissenting notes but described them as routine suggestions without clarifying who authorised the changes to Form 6.
Allegations Regarding West Bengal SIR and Maharashtra Electoral Rolls
The petition has flagged the Special Intensive Revision (SIR) of electoral rolls in West Bengal. Citing media reports of an ECI affidavit, it states that approximately 38.20 lakh appeals had been filed by persons excluded from electoral rolls, of which only around 1.02 lakh have been disposed of. The ECI reportedly sought an increase in appellate tribunals from 19 to 42 to address the backlog.
Another report cited in the plea highlights a data anomaly in Maharashtra's draft electoral roll where 2,70,313 electors were shown as aged between 101 and 150 years due to a default birth year glitch. The petition argues these instances demonstrate systemic shortcomings requiring expert examination.
Proposed Composition and Scope of the Committee
The proposed committee, as per the plea, should include experts in constitutional law, election administration, statistics, technology, cybersecurity, and data protection. The petitioner submits that the plea is intended to be non-partisan and prospective, and that no finding against any political party or office-holder is sought, nor does it challenge the result of any election.
Issue Raised | Specifics Cited in Plea |
|---|---|
Dissent by Election Commissioners | 14 written objections by ECs Sandhu and Joshi over 10 months regarding CEC's unilateral decisions. |
Form 6 Alterations | Alleged unauthorised changes to statutory form; ECI called objections routine suggestions. |
West Bengal SIR Backlog | 38.20 lakh appeals filed; only 1.02 lakh disposed; request to raise tribunals from 19 to 42. |
Maharashtra Roll Anomaly | 2.70 lakh electors aged 101-150 years due to default birth year glitch. |
The matter is expected to be listed before the Supreme Court for hearing in due course. The petitioner has emphasised that the relief sought is structural and forward-looking, aimed at strengthening the institutional integrity of the poll panel.