New Delhi, October 24 — A public interest litigation (PIL) petition 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), Bar and Bench reported on Saturday.

Source: Bar and Bench

The plea, filed by advocate Vishal Tiwari, has also sought directions to the ECI to enforce an absolute prohibition on election campaigning using religious tags, religious symbols, communal appeals, sectarian identity or hate speech, according to Bar and Bench. India Legal Live, which also reported the filing, said the proposed committee would independently assess the integrity of electoral processes, transparency in decision-making and safeguards against the arbitrary exclusion of eligible voters.

Source: India Legal Live

According to the petition, it is intended to be non-partisan and prospective: the petitioner is not seeking a finding against any political party or office-holder, and does not challenge the result of any election, Bar and Bench reported. All claims in the plea are allegations made by the petitioner; they have not been adjudicated by the court.

Source: Bar and Bench

What the petition alleges

The petition relies on a September 23 report by The Indian Express that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded written objections on at least 14 occasions over ten months regarding decisions the plea describes as unilateral by Chief Election Commissioner Gyanesh Kumar, Bar and Bench reported. As per the petition, the objections concerned alleged unauthorised alterations to the statutory Form 6, centralisation of the electoral database, unapproved appeal filings in West Bengal, and work-allocation orders.

Source: Bar and Bench

14+Occasions on which, the plea says citing an Indian Express report, the two Election Commissioners recorded written objections over ten months
38.20 lakhAppeals the plea says, citing reports of an ECI affidavit, were filed in West Bengal by persons excluded from the rolls
1.02 lakhOf those appeals, the number the plea says have been disposed of so far

The plea says the ECI acknowledged the dissenting notes but described them as routine suggestions, without clarifying who authorised the changes to Form 6, according to Bar and Bench. It has also flagged the Special Intensive Revision (SIR) of electoral rolls in West Bengal, stating — citing media reports of an ECI affidavit — that approximately 38.20 lakh appeals had been filed by persons excluded from the rolls, of which only around 1.02 lakh have been disposed of, and that the ECI reportedly sought an increase in appellate tribunals from 19 to 42.

Source: Bar and Bench

The legal frame

India Legal Live noted that the questions arise in the context of Article 324 of the Constitution, which vests the superintendence, direction and control of elections in the Election Commission, and Section 18 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which provides that the Commission's business is to be transacted, as far as possible, unanimously, with differences resolved by majority. The Supreme Court is already hearing separate petitions concerning aspects of the Commission's functioning; this PIL is a distinct, newly filed matter and no hearing outcome has been reported yet.

Source: India Legal Live