Advocate files PIL seeking expert oversight of ECI functioning

Proposed structure of the expert committee

The proposed expert committee for the Election Commission of India should be chaired by a former Chief Justice of India or a former judge of the Supreme Court, according to the PIL. It should include experts in constitutional law, election administration, statistics, technology, cybersecurity, and data protection.

Separately, the Supreme Court is overseeing judicial proceedings in other matters, including the Lakhimpur Kheri violence case concerning the killing of 8 persons in October 2021. The trial, involving prime accused Ashish Mishra, son of former Union Minister of State for Home Ajay Mishra 'Teni', will now be heard by a new district judge. Judicial Officer Lokesh Rai took over as the District and Sessions Judge of Lakhimpur Kheri on October 14, replacing Shiv Kumar Singh.

On September 22, a Supreme Court bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana directed the Registry to forward an application from victims' families to the Allahabad High Court to examine concerns regarding the trial judge's conduct. The Supreme Court directed the Allahabad High Court to take appropriate remedial action regarding the trial judge and submit a report in a sealed cover. The Uttar Pradesh government has appointed advocate Kapil Katiyar as the Special Public Prosecutor, replacing Prabhakar Brahm Mishra.

Advocate Prashant Bhushan, for the victims' families, argued that the trial judge's conduct was "shocking," citing the issuance of a non-bailable warrant against an ill witness and the withdrawal of NDPS and SC/ST cases to himself for acquittal. Bhushan also alleged that the site plan relevant to the case had "disappeared" from the court record. On October 5, the Supreme Court directed that a vigilance report concerning the trial judge be placed before the Chief Justice of the Allahabad High Court. On October 5, the Uttar Pradesh government informed the Supreme Court that a new prosecutor with 16 years of experience, who had was a District Government Counsel, had been proposed.

In November 2024, the Supreme Court sought Ashish Mishra's response on allegations of threatening witnesses, and in January 2025, it directed the Superintendent of Police, Lakhimpur, to conduct a fact-finding inquiry. In May 2026, the Supreme Court expressed disappointment over the slow pace of the trial and directed the trial court to take lawful measures to secure the presence of witnesses while ensuring compliance with the witness protection scheme. In August 2026, the Supreme Court directed the Uttar Pradesh police to verify allegations of witness intimidation; the police registered an FIR but found no evidence to suggest Mishra was involved.

Chief Justice of India Surya Kant has focused on regional judicial infrastructure. On October 18, the Chief Justice announced a special bench for hearing Ladakh cases pending in the Supreme Court. He also inaugurated the Ladakh High Court Bench and promised a dedicated Supreme Court hearing day for the region's cases.

Plea seeks prohibition on religious campaigning

The plea requests that the Supreme Court direct the Election Commission of India to enforce an absolute prohibition on election campaigning. This includes using religious tags, religious symbols, communal appeals, sectarian identity, or hate speech during campaigns.

Non-partisan nature of the petition

The petition claims a non-partisan and prospective nature. It does not seek a finding against any specific political party or office-holder. The filing does not challenge the result of any election.

Internal dissent among Election Commissioners

A report by The Indian Express on September 23 stated that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi recorded written objections on at least 14 occasions. These objections occurred over ten months regarding unilateral decisions taken by Chief Election Commissioner Gyanesh Kumar.

According to the petition, these objections involved unauthorized alterations to statutory Form 6 and the centralization of the electoral database. They also included concerns over unapproved appeal filings in West Bengal and work allocation orders.

ECI response to internal objections

The Election Commission of India acknowledged the dissenting notes from the Election Commissioners. The Commission described these notes as routine suggestions. However, the ECI provided no clarity on who authorized the changes to statutory Form 6.

Administrative challenges in electoral rolls and tribunals

An ECI affidavit indicates that approximately 38.20 lakh appeals were filed by individuals excluded from electoral rolls during the Special Intensive Revision in West Bengal. Only about 1.02 lakh of these appeals have been disposed of.

The ECI sought an increase in appellate tribunals in West Bengal from 19 to 42. A report cited in the petition noted that 2,70,313 electors in Maharashtra's draft electoral roll were listed as aged between 101 and 150 years. This error resulted from a default birth year glitch.