INDIA bloc leaders file Supreme Court petition on SIR and Election Commission decisions
Rahul Gandhi and ten other INDIA bloc leaders filed a writ petition against the Election Commission over the SIR on 12 October; the Supreme Court is expected to hear it on 13 October.
Leader of the Opposition in the Lok Sabha Rahul Gandhi and ten other INDIA bloc leaders filed a writ petition in the Supreme Court on Monday, 12 October 2026, against the Election Commission of India (ECI) over the Special Intensive Revision (SIR) of electoral rolls and how the Commission reached decisions during it. Hindustan Times reported that the plea was likely to be heard on Tuesday, 13 October.
Who filed and against whom
According to Hindustan Times, the petition was filed through advocate S. Prasanna. The other signatories include Congress president and Leader of the Opposition in the Rajya Sabha Mallikarjun Kharge, Samajwadi Party president Akhilesh Yadav, Trinamool Congress MP Saugata Roy, RJD leader Tejashwi Yadav, Shiv Sena (UBT) MP Sanjay Raut, CPI(M) general secretary M.A. Baby, CPI general secretary D. Raja, and MPs Mahua Majhi, Supriya Sule and E.T. Mohammed Bashir. The respondents are the ECI, Chief Election Commissioner Gyanesh Kumar, and Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi.
The filing followed a march by INDIA bloc leaders towards the Supreme Court the same day. The New Indian Express reported that the leaders had sought a meeting with Chief Justice of India Surya Kant to submit a memorandum, and that the Chief Justice cited similar matters already pending before the Court. The petition text, published by India Today, quotes his letter of 11 October: matters raising similar issues were scheduled for 13 October, a petition could be submitted on Monday physically or by e-filing, and any such petition would be heard at the earliest opportunity in accordance with law.
What the petition says
As published by India Today, the petition raises the following points:
- Collective decision-making. It alleges that the Chief Election Commissioner exercised the Commission’s collective powers without the knowledge, approval or concurrence of the other Election Commissioners, and that no recorded decision of the Commission authorised the nationwide SIR. It cites Article 324 of the Constitution, Section 18 of the 2023 Act on the Commission’s appointment and conduct of business, and the T.N. Seshan judgment, and relies on an Indian Express report of 23 September 2026 that the two Election Commissioners had recorded objections at least 14 times in 10 months.
- Records. It cites replies to a Right to Information application on the decision to begin the SIR, and asks the Court to call for the Commission’s files, minutes, notings and objections, including the file on the 24 June 2025 decision.
- Form 6 and databases. It says the online Form 6 was modified in July 2026 without amending the Rules, and notes that on 5 October the Supreme Court said orally that it had not approved the modified form. It seeks an independent audit of the ECINET and ERONET databases, including access permissions and the ability to reverse wrongful deletions.
- Deletions and hearing. It raises the scale of deletions, bulk Form 7 objections and the lack of notice and hearing, citing Punjab, where a final roll was scheduled for 12 October. It also seeks an independent review of the design and use of electronic voting machines.
The petition says it is “conscious of” the Court’s 27 May 2026 judgment upholding the validity of the SIR and does “not seek to reopen” that question; it says its concern is whether safeguards and collective functioning of the Commission were complied with in implementation. It also notes that connected petitions, including Shailendra Mani Tripathi v. Union of India and Rakesh Kumar Singh v. Union of India, are already pending, with notice issued on 5 October 2026.
Responses
The petition records the Commission’s position that decisions were unanimous and that the reported 13 crore figure reflects draft-stage markings rather than final deletions. This report did not find a separate ECI statement on the new petition. Kiren Rijiju’s remarks on X were reported by ANI.
What happens next
The petition is expected to be listed in the Supreme Court on 13 October 2026, when related matters on the same issues are also scheduled. The Court has not yet issued any order on it.
Perspectives
Listed in no particular order and given equal space. Inclusion is not endorsement.
The petitioners say
- The petition alleges that the Chief Election Commissioner exercised the Commission’s collective powers without the knowledge or approval of the other Election Commissioners, citing an Indian Express report of 23 September 2026 about objections recorded on at least 14 occasions.
- It alleges that large numbers of electors were excluded without adequate notice, hearing or a mechanism to restore names, and asks for an independent audit of the ECINET and ERONET databases.
- The petition says the questions can be answered only on examining the Commission’s records, and that it does not seek to prejudge the competing positions.
The Election Commission and the government side say
- As recorded in the petition itself, the Commission has said the reports present only one part of the picture, that differences of opinion are normal in deliberative processes, and that its decisions were unanimous.
- Regarding the reported figure of about 13 crore deleted names, the Commission has said it covers electors marked absent, shifted, dead or duplicate at the draft stage and is not a count of final deletions, as the petition notes.
- Union Parliamentary Affairs Minister Kiren Rijiju said on X that protest is every citizen’s right but that “brazenly abusing constitutional authorities is deplorable”, and called the Congress “directionless”.
Sources
- Read Rahul Gandhi's 10-point petition against Election Commission in Supreme Court (full text of the petition) — India Today
- INDIA bloc files petition in Supreme Court over SIR voter deletions, plea likely to be heard tomorrow — Hindustan Times
- In show of strength, opposition leaders march to SC against 'vote chori', SIR — The New Indian Express
- Kiren Rijiju criticises Congress as INDIA bloc marches to Supreme Court against Election Commission — The News Mill (ANI)
- 'Brazen Abuse Of Constitutional Authorities Deplorable': Kiren Rijiju Blasts Congress Amid INDIA Bloc's SC March — Republic World (ANI)
