New Delhi, Oct. 13 -- The Supreme Court on Tuesday agreed to examine a plea challenging legal immunity granted to the Chief Election Commissioner (CEC) and Election Commissioners under a 2023 law, while a separate petition led by Congress leader Rahul Gandhi alleging irregularities in electoral roll revision remained unlisted because registry objections had not been addressed. The developments concern the Election Commission's accountability and allegations of large-scale voter deletions during the Special Intensive Revision (SIR) of electoral rolls.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana issued notices to the Centre and the Election Commission on a petition filed by NGO Association for Democratic Reforms (ADR). The plea seeks to declare Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, unconstitutional.

The provision bars courts from entertaining or continuing civil or criminal proceedings against serving or former election commissioners for acts, words or actions undertaken in the discharge of their official duties. The bench tagged the case with a similar pending petition filed by NGO Lok Prahari. In January, the court had agreed to examine that challenge but declined to stay the provision. Lok Prahari had argued that it grants the commissioners blanket, lifelong immunity for official wrongdoing.

Meanwhile, Gandhi's petition, backed by 10 opposition leaders, was not listed after the registry flagged 14 defects, including an unclear identity card copy of Congress president Mallikarjun Kharge and illegible or missing pages. "We will list all these matters. Make sure that the defects are cured," the CJI told senior advocate Gopal Sankaranarayanan.

The petition seeks an independent, time-bound audit of SIR-related deletions and modifications, led by a retired Supreme Court judge with technical experts. It also seeks notice and hearing safeguards before voter deletion, booth-wise disclosure of deleted names and reasons, restoration mechanisms, and suspension of the ongoing revision pending adjudication.

The plea further seeks disclosure of Election Commission records and digital access logs, and scrutiny of disputed decisions under Article 324 of the Constitution and relevant election laws.

Published by HT Digital Content Services with permission from Millennium Post.