Supreme Court Flags 14 Defects In Rahul Gandhi-Led Petition Against Poll Body

The Supreme Court registry has flagged 14 "defects" in a joint petition filed by Leader of the Opposition Rahul Gandhi and other opposition leaders that challenges alleged irregularities in the electoral process and the Special Intensive Revision (SIR) of electoral rolls. Among the objections listed is a shortfall of Rs 220 in the court fee paid, the registry said.

Other defects include the absence of authorisations from nine petitioners and an unclear photocopy of the identity card of Congress president Mallikarjun Kharge. The registry also noted the non-submission of certain vakalatnamas — documents that authorise advocates to appear for a party — and asked for a clear copy of Mr Kharge's identity card.

Further objections relate to the form of the filings: small font sizes, the non-submission of coloured copies for two documents, dim or illegible text, missing pages, vernacular pages and discrepancies in the numbering of certain pages. The petitioners will have to address these defects before the petition can be listed for hearing.

The petition names the Election Commission of India, Chief Election Commissioner Gyanesh Kumar, and Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi as respondents. It appears on the Supreme Court website as "Rahul Gandhi v. Election Commission of India".

Besides Mr Gandhi and Mr Kharge, the petitioners include Trinamool Congress MP Saugata Roy, Samajwadi Party president Akhilesh Yadav, Tejashwi Prasad Yadav, Supriya Sule, Shiv Sena (Uddhav Balasaheb Thackeray) leader Sanjay Raut, D Raja, Mahua Majhi of the Jharkhand Mukti Morcha, MA Baby and Indian Union Muslim League leader ET Mohammed Basheer.

The petition seeks ten forms of relief concerning the SIR and other decisions of the Election Commission. These include a direction to produce all records relating to the SIR, an examination of the constitutional validity of the SIR decisions, action against officials found responsible, redressal of the petitioners' grievances, and an audit by an independent committee.

The filing came as opposition leaders and their supporters gathered in central Delhi for a procession towards the Supreme Court, described by those taking part as the "March for Democracy". Mr Gandhi reached the court complex in the evening, a short while after the Congress legal team filed the petition.

The opposition leaders had earlier sought a meeting with Chief Justice of India Surya Kant to present a memorandum. They demanded an end to what they allege is vote theft, the resignation of the Chief Election Commissioner, a halt to the SIR of electoral rolls and a return to paper ballots. The Chief Justice declined the request for a meeting, observing that the matter was sub judice, while stating that the doors of the Supreme Court remain open to everyone.

A petition flagged for defects is placed before the court only after the objections are addressed. The court has not yet listed the matter for hearing, and the allegations raised by the petitioners have not been examined on merit.