SIR row explodes: Report claims 14 objections by 2 Election Commissioners; Opposition demands CEC Gyanesh Kumar's removal

The report concerns differences involving Chief Election Commissioner Gyanesh Kumar and Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi.

According to the investigation, Sandhu and Joshi formally objected at least 14 times over 10 months to decisions and orders concerning electoral rolls and the SIR, with the two Commissioners saying some decisions were taken without their knowledge.

The report said the objections covered changes to Form 6, access to the electoral-roll database, deletion and restoration of voters, and aspects of the ECI's internal decision-making.

Form 6 change sparks objections

Form 6 is the statutory application used by citizens to register as new voters.

According to The Indian Express investigation, a new declaration was added to the form asking applicants whether their own, their parents' or their grandparents' names appeared in the electoral roll of the previous SIR.

Election Commissioner Vivek Joshi had reportedly objected to the change in May, saying Form 6 could not be altered without amending the Registration of Electors Rules, 1960.

Sandhu subsequently agreed with the objection and later described the change as "unauthorised" and "illegal", according to the report. The change remained on the ECI's portal for a period.

Photo: SC website/ChatGPT

Questions over control of electoral-roll database

The two Commissioners also reportedly raised concerns over what they described as the gradual centralisation of the electoral-roll database.

Electoral Registration Officers (EROs) at the constituency level have statutory responsibility for preparing and maintaining electoral rolls.

According to the investigation, Joshi called for an audit to ensure that only authorised statutory officials could alter the voter database, while Sandhu recorded complaints from state-level officials that they did not have "proper and complete access" to the relevant systems.

The report also said the two Commissioners separately wrote to Cabinet Secretary T V Somanathan over changes in the ECI's work allocation that they felt could further concentrate control over the IT systems handling electoral rolls.

Goa example raises software concerns

The investigation highlighted the case of 97 voters in Goa who had reportedly been cleared by the relevant ERO but were not included in the final electoral roll.

According to the report, the software system did not allow the ERO's decisions to be recorded in time.

The case has been cited in the investigation as an example of concerns over whether statutory officers at the ground level can effectively exercise their powers when decisions have to be recorded through a centralised digital system.

Questions over internal decision-making

The investigation also reported that Sandhu and Joshi repeatedly objected to decisions, communications and other actions being taken without their knowledge or approval.

The two Commissioners referred to Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which says the Commission's business should, as far as possible, be conducted unanimously. Where members differ, decisions are to be taken according to the majority view.

According to the report, the full three-member Commission did not meet for four months between May and August, before the three members met again on September 9.

Opposition targets CEC Gyanesh Kumar

The Indian Express report triggered sharp reactions from Opposition leaders, who targeted CEC Gyanesh Kumar and demanded action against him.

Congress MP K.C. Venugopal demanded the immediate removal of Kumar and called for a Supreme Court-monitored investigation. He accused the CEC of unilaterally removing voters' names and centralising control over the electoral rolls.

Venugopal wrote on X that Kumar should be removed and that an investigation should be conducted into what he described as the "rot" within the ECI.

Abhishek Banerjee demands CEC's removal

Mamata All India Trinamool Congress (MAITC) national general secretary and MP Abhishek Banerjee also demanded Kumar's removal and a court-monitored investigation.

Banerjee alleged that the disenfranchisement of voters was being carried out to benefit a political party and said those responsible should be held accountable.

His remarks came amid the wider political confrontation between the Trinamool and the ECI over electoral-roll revision and recent decisions involving the party's name and election symbol.

Akhilesh Yadav calls report serious

Samajwadi Party chief and Lok Sabha MP Akhilesh Yadav described the findings as "extremely serious".

Yadav said the fact that two Election Commissioners had reportedly recorded objections 14 times in 10 months raised questions about the functioning of an institution meant to operate independently.

He also urged the Supreme Court to take suo motu cognisance of the matter.

Sanjay Raut attacks CEC

Shiv Sena (UBT) MP Sanjay Raut also targeted Kumar, demanding the removal of the Chief Election Commissioner.

Raut alleged that both Kumar and Union Home Minister Amit Shah should be dismissed in connection with the controversy.

ECI rejects claim of internal rift

The Election Commission has pushed back against the claim of an internal rift.

According to ECI sources cited by multiple reports, all decisions of the Commission, including those related to the SIR, were taken unanimously with the approval of all three Election Commissioners — Gyanesh Kumar, Sukhbir Singh Sandhu and Vivek Joshi.

The Indian Express said it sent a questionnaire to the Commission on September 21 seeking responses to the issues raised by the two Commissioners but received no response. It also said emails sent to Sandhu and Joshi seeking their responses did not receive replies.