Rahul Gandhi Vs Gyanesh Kumar: PIL Challenges SIR In Supreme Court As Thousands Join INDIA Bloc's Protest

(MENAFN- Live Mint) Leader of Opposition (LoP) in Lok Sabha, Rahul Gandhi has filed a writ petition in the Supreme Court challenging the Election Commission of India's (ECI) Special Intensive Revision (SIR) of electoral rolls, legal news website LiveLaw said.

The petition comes amid the Congress-led Opposition's protests against the SIR exercise and seeking the resignation of Chief Election Commissioner Gyanesh Kumar over the alleged irregularities in the voters' roll revision.

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INDIA bloc leaders, including Mallikarjun Kharge, Sugata Roy, Akhilesh Yadav, Sajay Raut, Mahua Moitra, Tejashwi Yadav, MA Baby, D Raja, Mohammed Basheer and Supria Sule, are also part of the petition in the Supreme Court.

Quick answers to key questions

.5 QUESTIONS1What is Rahul Gandhi's Supreme Court petition against the SIR about?⌵

The petition challenges the Election Commission of India's Special Intensive Revision of electoral rolls over alleged irregularities. The Election Commission is named as one of the respondents.

2Why is the INDIA bloc protesting the SIR exercise?⌵

The INDIA bloc alleges irregularities in the voter-roll revision and has raised concerns about the Election Commission's conduct. The opposition is also seeking action against Chief Election Commissioner Gyanesh Kumar.

3What is the INDIA bloc demanding in its Supreme Court challenge to the SIR?⌵

The demands reported include halting the SIR exercise, ending alleged“vote theft,” and seeking Gyanesh Kumar's resignation.

4Why did CJI Surya Kant decline to meet Rahul Gandhi and Mallikarjun Kharge about the SIR?⌵

The CJI said the issues raised were already pending before the Supreme Court and that its administrative side could not deal with them. He said the leaders could approach the Court through its judicial process.

5How can INDIA bloc leaders ask the Supreme Court to consider their concerns about the SIR?⌵

CJI Surya Kant advised the leaders to invoke the Court's judicial powers under Article 32 rather than submit a memorandum. He also indicated that a petition could be considered alongside related pending matters.

The petition seeks to raise discrepancies of voter deletions during SIR and requires the Supreme Court to summon all records concerning the decisions taken by the ECI and conduct an independent probe. The Election Commission has been named as one of the four respondents in the plea.

The petition is likely to be heard on Tuesday, 13 October.

Ahead of filing the petition, Gandhi, along with Congress and other Opposition leaders, led a march towards the Supreme Court on Monday. The march attended by thousands returned from Mandi House at around 6 PM on Monday.

The protests followed a recent report published by the Indian Express which alleged that Kumar had taken several decision regarding the SIR unilaterally, despite certain objections raised by two Election Commissioners.

Several protestors were detained over the weekend by the Delhi police, which issued prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The en masse detentions have led to the filing of several petitions before the Supreme Court, including those alleging that even lawyers and journalists were detained and prevented from carrying out their professional duties.

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The development comes a day after Chief Justice of India Surya Kant declined Gandhi's request for an appointment to discuss issues relating to the SIR exercise and the functioning of the Election Commission. Gandhi and Congress President Mallikarjun Kharge, who is the Leader of Opposition in the Rajya Sabha, had sought a meeting with the CJI to submit a memorandum raising concerns over the SIR process and demanding the resignation of Chief Election Commissioner Gyanesh Kumar.

The CJI declined the request, stating that the issues sought to be raised were already pending before the Supreme Court. He also conveyed that the Court could not interfere with the functioning of the government on its administrative side, while clarifying that the leaders were free to approach the Court on its judicial side for appropriate relief. Similar matters concerning the SIR exercise are scheduled to be heard by the Supreme Court on Tuesday.

The CJI had indicated that any petition filed by the Opposition leaders could also be considered along with the pending matters.

Massive Mobilisation in INDIA bloc's march

Rahul Gandhi and Congress MP Priyanka Gandhi led the INDIA bloc's march towards the Supreme Court, where the opposition plans to petition the court, listing out alleged irregularities in the SIR process and seeking action against CEC Gyanesh Kumar.

All India Students' Association (AISA) president Neha Bora was walking alongside the two leaders during the march. Thousands of political workers and civil rights activists joined the march, bringing major stretches of the capital, including Mandi House and Barakhamba Road, to a complete standstill.

In view of the march, barricades and heavy police deployment were placed as thousands of political workers and civil rights activists marched under the INDIA bloc banner for a march to the Supreme Court seeking the resignation of Chief Election Commissioner Gyanesh Kumar.

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Led by leaders including Rahul Gandhi, Mallikarjun Kharge and Akhilesh Yadav, the 'March for Democracy' brought key stretches of the capital, including Barakhamba Road and Mandi House, to a standstill. Protesters waved national flags, held placards and raised slogans alleging irregularities in the Election Commission's Special Intensive Revision (SIR) of electoral rolls. During the march, Karnataka Minister Priyank Kharge questioned the conduct of the poll body.

They earlier reached the Barakhamba Road intersection as they began a march towards the Supreme Court, where they will petition the court, listing out alleged irregularities in the SIR process and seek action against CEC Gyanesh Kumar.

Karnataka Minister Priyank Kharge questioned the conduct of the poll body. "We are asking very valid questions. Who authorised Form 6? Whose bulk-printing, pre-printed Form 7?... Where is Gyanesh Kumar hiding? When a constitutional body head is missing, we need to ask questions," he said.

Congress MP Amarinder Singh Raja Warring appealed to the Chief Justice of India Surya Kant for a meeting. "If the Chief Justice of India will not meet us, then who will listen to the grievances of the public? We urge the Chief Justice of India to meet us," he said.

SP Chief Akhilesh Yadav alleged that the Election Commission seemed to be working at the behest of the BJP.

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“BJP is still getting fake votes registered. We hope that the Election Commission will stay impartial. SIR was ongoing in UP and it has now concluded. Still, there are a large number of double votes. You conducted such a huge exercise, spent crores of rupees, and deployed officials for the same. Still, you could not rectify the voter list...What can you expect from them then? Why the SIR then? EC seems to be working at the BJP's behest,” he said.

Despite the presence of high security, the INDIA bloc delegation has registered a strong protest against the Election Commission and, with them vowing to continue, the issue continues to dominate.

(With inputs from ANI)

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