A petition has been filed in the Supreme Court of India, seeking the criminal prosecution of Chief Election Commissioner (CEC) Gyanesh Kumar. The plea alleges statutory duty violations during the Special Intensive Revision (SIR) of electoral rolls and demands an independent investigation into alleged voter name deletions and changes to electoral-roll systems.
Allegations and Legal Basis
Advocate Shailendra Mani Tripathi filed the petition under Article 32 of the Constitution. It specifically seeks prosecution under Section 32 of the Representation of the People Act, 1950, against Gyanesh Kumar, along with Senior Deputy Election Commissioner Maneesh Garg, Director General (IT) Seema Khanna, and other officials deemed responsible for breaches of official duty.
The petition highlights objections reportedly raised by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi concerning decisions related to the SIR exercise. A key point of contention is a modification to Form 6, the statutory application for voter registration.
Controversial Form 6 Modification
According to the petition, Election Commissioner Joshi objected in May 2026 to changes in Form 6, arguing that such alterations could not be made without an amendment to the Registration of Electors Rules, 1960. Sandhu reportedly concurred with this objection. Despite these concerns, the plea alleges that Form 6 was modified on the ECINet portal to request information about whether an applicant or their relatives appeared in an electoral roll from the previous SIR exercise.
The petitioner also invokes Section 18 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which stipulates that differing views among Election Commissioners should be resolved by a majority decision.
Demands for Investigation and Restoration
A primary relief sought is the establishment of an independent Judicial Inquiry Commission or Special Investigation Team (SIT). This body would be led by a retired Supreme Court judge, assisted by cybersecurity and information-technology experts, to conduct a forensic audit of the ECINet and ERONet databases.
The petition further alleges that approximately 13 crore (130 million) names were deleted across 30 states and Union territories during the SIR exercise. It also calls for an investigation into the reported filing of 16.10 lakh (1.61 million) appeals in West Bengal challenging the inclusion of voters.
Additionally, the plea seeks the restoration of the original Form 6 and the preservation of server logs, databases, communications, and metadata related to ECINet and ERONet from October 1, 2025, onwards.