Govind Tekale
Why are retired judges and office-holders arguing over the Election Commission of India (ECI)? Forty-two former judges and retired constitutional office-holders have published an open letter defending the ECI. It follows opposition protests over "vote theft" claims. Separately, a retired Supreme Court justice has called for the court's ruling on the voter-list revision to be recalled.
Forty-two former judges and retired holders of constitutional offices have signed an open letter dated October 7 and reported on October 8, defending the Election Commission of India and other institutions. They expressed "grave" concern over what they described as a sustained attack on the Election Commission, the judiciary and statutory bodies. The letter follows opposition protests seeking the resignation of Chief Election Commissioner Gyanesh Kumar. Separately, retired Supreme Court Justice V. Gopala Gowda told LiveLaw that the Supreme Court's judgment on the Special Intensive Revision (SIR) of electoral rolls should be recalled. He alleged that the ECI misrepresented facts to the court. That is his allegation, not a finding.
The letter and the dispute over the SIR judgment show a divide over how to challenge a voter-list revision. Supporters of the ECI say criticism needs evidence. Justice Gowda says the court was misled. A claim of fraud needs proof that can survive a court, which is analysis, not a legal ruling.
What the Judges Argue Under Article 324
Article 324 of the Constitution gives the ECI superintendence, direction and control of elections. According to reports of the letter, the signatories also cite Section 21(3) of the Representation of the People Act, 1950, which deals with special revisions of electoral rolls. They argue the SIR is a statutory duty. Most coverage has focused on the political exchanges and skipped this legal argument. earlier Election Commission coverage
Justice Gowda's position goes the other way. He told LiveLaw the ECI misrepresented facts to the Supreme Court, so the judgment should be recalled. related Election Commission reporting
The timing is notable. The letter is dated October 7 and was reported October 8. Counting for six by-elections took place on October 9. That is an observation about timing only.
Why did 42 former judges write an open letter defending the Election Commission of India? They wrote to express concern over what they called a sustained attack on the ECI, the judiciary and statutory bodies. They warned that repeated allegations without evidence can erode public trust in institutions.
Forty-two former judges and office-holders have defended the ECI, while Justice Gopala Gowda has questioned the SIR judgment. Check back for updates.
