AIMIM

NEW DELHI : AIMIM chief Asaduddin Owaisi on Wednesday approached the Supreme Court challenging aspects of the Election Commission of India’s Special Intensive Revision (SIR) of electoral rolls, alleging procedural lapses and raising concerns over the protection of eligible citizens’ voting rights. According to a report by PTI, a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi took note of the submission made by advocate Nizam Pasha, appearing for Owaisi. The bench indicated that it would consider the request to list the petition on Thursday alongside other pending matters concerning the SIR process. Owaisi’s petition does not dispute the Election Commission’s authority to conduct an intensive revision of electoral rolls. Instead, it questions whether the process is being carried out in accordance with the Constitution, applicable laws and prescribed procedures. Petition Seeks Legal Scrutiny of EC Decisions The plea, filed through advocate Lzafeer Ahmad, seeks judicial intervention to ensure compliance with the Representation of the People Act and the Registration of Electors Rules, 1960. It asks the court to examine decisions affecting the SIR that were allegedly taken without proper legal authorisation, including matters linked to Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The petition also argues that prescribed electoral forms cannot be replaced or supplemented by alternative forms or additional substantive conditions introduced through portal modifications or executive instructions unsupported by law. In particular, Owaisi has sought a direction to restore Form 6 on the ECINET portal in the format prescribed under the applicable rules. The plea further requests that applications for inclusion in electoral rolls should not be obstructed, rejected or kept pending solely because applicants cannot or refuse to answer an additional declaration. It also seeks fresh consideration of applications affected by such requirements. Questions Raised Over Decision-Making Within the Election Commission The petition raises concerns over allegations that certain decisions and communications issued in the Election Commission’s name were made without the knowledge or approval of its other election commissioners. Citing media reports about objections allegedly raised by two election commissioners, Owaisi has sought scrutiny of whether the Commission’s constitutional powers under Article 324 and the relevant provisions of the 2023 Act were exercised in accordance with the law. These assertions are allegations raised in the petition and have not been established as judicial findings. Automated Objections and Voter Deletions Another major issue raised in the plea concerns the use of software-generated classifications, including “logical discrepancy” flags, and automated objections that may lead to the deletion of names from electoral rolls. The petition questions whether automated systems can effectively replace the statutory responsibilities of Electoral Registration Officers (EROs), particularly when deletion notices are allegedly generated without independently recorded reasons or adequate verification. Owaisi has sought a declaration that voters should not be excluded from electoral rolls, or required to re-establish their eligibility, solely on the basis of software-generated flags without following the prescribed legal procedure. The plea also challenges alleged deletions based on bulk, automated, unreasoned or time-barred objections, including objections filed through Form 7. It asks the court to set aside deletions found to have violated the applicable rules. Allegations of Discriminatory The petition further raises concerns over alleged arbitrary and discriminatory treatment of voters, referring to media reports of bulk objections disproportionately targeting Muslim electors. It also cites reported cases in which eligible voters were allegedly excluded despite favourable determinations by statutory or judicial authorities, while other electors were subjected to less stringent verification. On this basis, the plea invokes Articles 14, 15(1), 325 and 326 of the Constitution, relating to equality before the law, non-discrimination, safeguards against exclusion from electoral rolls on specified grounds, and the constitutional framework for elections and adult suffrage. The petition asks the Supreme Court to examine these allegations; they should not be treated as established findings of wrongdoing. Preservation of Records Asaduddin Owaisi has urged the Supreme Court to direct the Election Commission to preserve and produce relevant minutes, internal communications, approvals and recorded objections concerning the SIR process. Owaisi’s petition comes amid broader legal challenges to the revision of electoral rolls. Congress leader Rahul Gandhi, along with other opposition leaders, has also approached the Supreme Court over alleged irregularities in the SIR and related electoral processes. The Supreme Court’s consideration of the matter will determine the next stage of the legal challenge. The allegations raised by Owaisi remain subject to judicial examination.

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