Retired Judges Split Over Election Commission's Voter Roll Revision: 42 Defend ECI, One Seeks SC Recall

A significant divide has emerged among India's retired judiciary regarding the Election Commission of India's (ECI) Special Intensive Revision (SIR) of electoral rolls. On October 8, 2026, while a group of 42 former judges issued an open letter backing the ECI, another former Supreme Court judge called for the reversal of the legal verdict that permitted the revision process.

42 Former Judges Defend ECI Against 'Vote Theft' Claims

In an open letter addressed to the people of India, 42 former Supreme Court and High Court judges expressed concern over what they described as a "calculated campaign driven by vested political interests" aimed at destabilizing Indian democracy. The signatories, which include former Supreme Court judges Hemant Gupta and Pankaj Mithal, as well as former High Court Chief Justices B.C. Patel, Subhro Kamal Mukherjee, and Permod Kohli, defended the SIR as a lawful exercise necessary for maintaining accurate voter lists.

The judges specifically criticized political entities—referring to a party that governed for over five decades—for alleging that the system is rigged. They argued that allegations of "vote theft" are frequently made at press conferences rather than in court, noting that Electronic Voting Machines (EVMs) are typically blamed only after electoral defeats.

Justice V. Gopala Gowda Calls for Verdict Recall

Contrasting this collective stance, former Supreme Court judge V. Gopala Gowda has urged the apex court to recall its May 27, 2026, judgment. This original verdict had upheld the ECI's power to conduct the SIR, stating that the process "breathes life" into the constitutional mandate for fair elections.

Speaking at a protest in Bengaluru, Justice Gowda labeled the May verdict as "illegal, unconstitutional and undemocratic." He demanded that the Supreme Court examine all ECI records to determine if the SIR decision was reached with the majority concurrence of the full Commission.

Comparison of Judicial Perspectives on SIR

Perspective	Group of 42 Former Judges	Justice V. Gopala Gowda
View on SIR	Lawful exercise for accurate voter lists.	Illegal and undemocratic process.
View on Allegations	"Campaign without evidence" by political interests.	Concerns over mass disenfranchisement.
Action Proposed	Parties should use courts/ECI for complaints.	Supreme Court should recall May 27 verdict.

Context: The Special Intensive Revision (SIR)

The Special Intensive Revision is a process used by the Election Commission to clean and update electoral rolls, removing deceased or shifted voters and adding new eligible citizens. While the ECI maintains this is essential for free and fair elections, critics and some political groups argue that such revisions can lead to the arbitrary deletion of legitimate voters, resulting in mass disenfranchisement.