Supreme Court PIL Seeks Expert Panel to Review Election Commission's Functioning

A public interest litigation (PIL) has been filed in the Supreme Court seeking the formation of an independent expert committee to examine alleged institutional deficiencies in the Election Commission of India (ECI). The committee, as proposed in the petition, would be headed by a former Chief Justice of India or a former Supreme Court judge.

Filed by advocate Vishal Tiwari, the petition also requests a directive to prohibit candidates and political parties from invoking religious identities, displaying religious symbols, or making communal and sectarian appeals, including hate speech, during election campaigns.

The petition cites a September 23 newspaper report detailing written objections recorded by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi. Over a ten-month period, the two commissioners reportedly raised objections on at least 14 occasions against decisions allegedly taken unilaterally by Chief Election Commissioner Gyanesh Kumar.

According to the plea, these objections involved changes to statutory Form 6 without authorization, centralizing the electoral database, filing appeals in West Bengal without approval, and orders concerning work allocation. The petition notes that while the ECI acknowledged the dissenting notes as routine suggestions, it did not explain who authorized the changes to Form 6.

The plea further highlights concerns regarding the implementation of the Special Intensive Revision (SIR) of electoral rolls in West Bengal. Citing media reports on an ECI affidavit, the petition states that roughly 38.20 lakh appeals were filed by individuals excluded from the electoral rolls, while only about 1.02 lakh appeals had been disposed of. The poll body reportedly sought to increase the number of appellate tribunals from 19 to 42 to address the backlog.

Additionally, the petition refers to a media report indicating that 2,70,313 electors in Maharashtra's draft electoral roll were recorded with ages between 101 and 150 years due to a default birth-year glitch.

Arguing that these issues necessitate an institutional review, the petitioner has asked for a committee comprising specialists in constitutional law, election administration, statistics, technology, cybersecurity, and data protection. The proposed panel would review systemic shortcomings and recommend measures to strengthen institutional accountability and protect the integrity of the electoral process.

The petitioner has clarified that the plea is prospective and non-partisan in nature, stating that it neither challenges any election outcome nor attributes wrongdoing to any specific political party or public office-holder.

"Institutional governance, transparency, and accountability are foundational pillars not just for public administration, but for the entire economic and regulatory ecosystem. When regulatory bodies face internal dissent or operational friction regarding data management and procedural compliance, it highlights the critical need for robust internal controls and technological resilience. For businesses and markets operating within a democracy, clear and stable institutional processes ensure long-term stability and confidence." — Dr. Shishir Gupta, Founder & CEO, StartupLanes