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Speech, Scandal, and Scrutiny: The Judiciary and the ‘Vote Chori’ Claims.

Courtesy/By: PRIYA RAJENDRA PAWAR | 2025-08-25 20:12     Views : 470

Speech, Scandal, and Scrutiny: The Judiciary and the ‘Vote Chori’ Claims.

Introduction

A Public Interest Litigation (PIL) has been instituted before the Hon’ble Supreme Court of India assailing the “vote chori” campaign undertaken by Congress leaders Rahul Gandhi and Mallikarjun Kharge. The petitioner has averred that such a campaign has disparaged and undermined the credibility of the Election Commission of India (ECI) and has accordingly prayed for appropriate judicial intervention.

Allegations and Legal Claims

•Petitioner in the name of Hindu Mahasabha petitions for deregistration of the Indian National Congress (INC) political party.

•The plea also requests establishment of a Special Investigation Team (SIT) headed by a retired judge to investigate complaints of election theft leveled against the ECI.

•Ascribes to public comments made by INC officials, such as Rahul Gandhi's "vote chori" remark, being subjudice following the pending litigations for Bihar special revision of voter rolls (SIR).

•The petition asserts that such a characterization goes against the constitutional obligation of the party during the registration process and contravenes the statutory function of the ECI.

Key Details within the PIL

• The petition makes reference to the press conference held on 7th August, 2025, wherein Congress leader Rahul Gandhi alleged that the Election Commission of India (ECI) had abetted manipulation of the electoral rolls, characterizing it as an “atom bomb on our democracy.

• The petition specifically raises concerns pertaining to abrupt and unexplained increases in the electoral rolls, such as the inclusion of approximately 39 lakh voters in the State of Maharashtra within a span of four months, thereby casting serious doubts upon the transparency of the process.

Demands Made in the Petition

1. De-registration of Congress Party for committing anti-constitutional propaganda.

2. SIT Investigation on allegations led by a retired judge. Halt on future modifications to voters' rolls until independent audit conducted.

3. Public publication of electoral rolls in machine-readable formats for verification and audit.

4. Binding directions given by the court to ECI on transparency and accountability.

ECI's Context and Response

• The Election Commission responded to Rahul Gandhi’s "vote chori" remarks by requesting a written affidavit under Rule 20(3)(b) of the Registration of Electors Rules, 1960, along with specific evidence. Without such documentation, the ECI warned, the allegations would remain "baseless and invalid."

• The Election Commission of India (ECI) further placed reliance on the judgment of this Hon’ble Court in Kamal Nath v. Election Commission of India (2018), wherein similar allegations were dismissed. The ECI submitted that the proper course of action lies in adhering to the established legal process, rather than indulging in the sensationalization of unverified allegations in the public sphere.

Judicial Procedure Underway

• The Public Interest Litigation (PIL) has raised a substantial judicial issue as to whether the “vote chori” allegations traverse the permissible legal boundaries, particularly in light of the fact that the voter roll revision in the State of Bihar (SIR) is presently under consideration.

•The directive of the Election Commission of India (ECI), mandating that allegations be supported by a duly sworn affidavit, is consistent with the evidentiary requirement that serious imputations must be substantiated before being made in the public domain.

Conclusion

The "vote chori" PIL before the Supreme Court questions whether political rhetoric against election malpractices crosses legal limits, being specially spoken without a certificate on oath. The petition demands something beyond investigation, but political party institutional accountability and steps to make the voter registration process transparent. The ECI has withheld following the procedural norms under a signed affidavit taking precedence from past judicial dicta. The upcoming decisions of the Supreme Court will decide how India balances procedural fairness and institutional integrity with legitimate electoral criticism.

References

mint, BusinessToday, OutlookIndia, LiveLaw, Hindustan, Inshorts.

Courtesy/By: PRIYA RAJENDRA PAWAR | 2025-08-25 20:12