Former SC Judge Calls for Recall of May 2026 SIR Judgment
Justice Gopala Gowda alleges the Election Commission misled the Supreme Court, demanding a review of the SIR judgment.
Justice Gopala Gowda claims the SIR judgment was based on misrepresented facts by the Election Commission.
He asserts that the decision-making process regarding the SIR lacked proper approval from the Full Commission.
Gowda defends Justice Ujjal Bhuyan against criticism for his remarks on mass voter disenfranchisement.
Former Supreme Court Justice V. Gopala Gowda has urged the Supreme Court to recall its May 2026 judgment that upheld the Election Commission of India's (ECI) decision to conduct a Special Intensive Revision (SIR) of electoral rolls. In a recent interview, Gowda stated that the judgment was flawed due to the ECI's misrepresentation of facts during the court proceedings, which he described as a 'fraud' on the court.
Gowda emphasized the need for the Supreme Court to examine the records from the ECI to determine whether the SIR decision was made with the approval of the majority of Election Commissioners. He criticized the ECI for not disclosing that two Election Commissioners objected to the SIR decisions, which were unilaterally made by the Chief Election Commissioner. This suppression of facts, according to Gowda, undermines the legitimacy of the judgment.
The former judge pointed out that a recent report corroborated his claims, revealing that the ECI's press release acknowledged the objections raised by the two commissioners. Furthermore, he highlighted that the Chief Justice of India had denied any approval of modifications to Form 6, which the ECI attempted to assert had been sanctioned by the Supreme Court. These revelations, Gowda argued, necessitate a reconsideration of the SIR judgment.
In addition to his critique of the SIR judgment, Justice Gowda defended Justice Ujjal Bhuyan against accusations of impropriety regarding his comments on mass voter disenfranchisement. He argued that there is no wrongdoing in a judge discussing constitutional rights, especially in an educational context. Gowda challenged former Chief Justice B.R. Gavai's criticism of Bhuyan, questioning Gavai's own past comments on cases under Supreme Court consideration.
Gowda's remarks were made during a protest at Bengaluru Freedom Park, where he expressed his disapproval of the SIR judgment, labeling it unconstitutional and undemocratic. He warned that democracy is under threat and called for public accountability from those in power, asserting that citizens will respond to these injustices.
