Supreme Court Defers Hearing on Election Commission's SIR Process

• by Akanksha Mishra
• 2026-10-27 13:46:00

The Supreme Court of India has deferred the hearing on a batch of petitions challenging the operational functioning of the Election Commission of India (ECI) and the conduct of the Special Intensive Revision (SIR) process in Bihar. A three-judge bench headed by Chief Justice of India Surya Kant, alongside Justice Joymalya Bagchi and Justice V. Mohana, issued formal notices to the poll panel and other respondents, addressing allegations of arbitrary administrative actions, unilateral decision-making by Chief Election Commissioner Gyanesh Kumar, and disputed modifications to electoral registration procedures. Taking into account that the Commission submitted an extensive counter-affidavit just hours before the scheduled proceedings, the apex court granted the petitioners a 10-day window to formulate and submit their rejoinder, listing the matter for its next comprehensive hearing around November 17, following the conclusion of the Diwali court recess.

Late Submission of 248-Page Response Prompts Adjournment

The proceedings saw immediate procedural requests from the counsel representing the petitioners seeking adequate preparation time:

Affidavit Received on Eve of Hearing: Senior Advocate Vikas Singh, appearing on behalf of lead petitioner Rakesh Singh, informed the bench that the Election Commission’s formal affidavit reached the legal team late on the preceding night, leaving insufficient time to examine the voluminous technical pleadings.

10-Day Window Granted: Recognizing the need for fair opportunity and due process, the bench presided over by CJI Surya Kant granted 10 days to study the submissions and place formal counter-responses on record.

Next Hearing Post-Diwali: The registry is scheduled to list the matter for substantive arguments in the third week of November, tentatively around November 17, once the Supreme Court resumes regular business after the festive vacation.

The Form 6 and Bihar SIR Row: Poll Body Mounts Robust Defense

At the heart of the judicial scrutiny lies the Commission's electoral roll revision protocols in Bihar and alleged procedural amendments:

Election Commission Defends Revision Drive: In a comprehensive 248-page affidavit filed through Deputy Election Commissioner Bhanu Prakash Yetury, the poll body strongly justified the execution of the SIR drive across Bihar, maintaining that the exercise strictly adhered to statutory mandates aimed at cleansing voter rolls.

Denial of Form 6 Alterations: The Election Commission categorically contested claims of procedural tampering, asserting that no unauthorized or unilateral changes were introduced into Form 6, the standardized instrument used by eligible citizens to apply for inclusion in electoral lists.

Notice on Fresh Petition by MP Dola Sen: Despite the Commission’s defense, the apex court issued notice on a newly admitted petition filed by Rajya Sabha MP Dola Sen, which specifically challenges the alleged alterations implemented in Form 6 during the Bihar roll revision drive.

Opposition Petitions Target CEC Gyanesh Kumar's Working Style

The legal challenge represents a consolidated confrontation mounted by opposition parties against the governance structure of the apex election body:

Unilateral Decision-Making Alleged: Petitions spearheaded by key figures of the opposition INDIA alliance, including Leader of the Opposition in the Lok Sabha Rahul Gandhi, allege systemic procedural deviations in the commission's administrative functioning.

Demand for CEC Suspension: The petitioners have sought the suspension of Chief Election Commissioner Gyanesh Kumar, contending that several critical policy determinations and operational mandates were executed as single-member decrees rather than through mandatory institutional unanimity.

Comprehensive Review Ahead: With notices now served across all interconnected writ petitions, the Supreme Court is positioned to adjudicate on institutional governance standards, statutory voting procedures, and the constitutional limits of administrative discretion in the upcoming hearing.

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