पूर्व सर्वोच्च न्यायाधीश गोपाल गौडा ने कहा: SIR फैसले को पुनः विचार किया जाना चाहिए, ईसीआई ने कोर्ट को धोखा दिया

SIR Judgment Must Be Recalled As ECI Played Fraud On Supreme Court By Misrepresenting Facts : Ex-SC Judge Gopala Gowda

Manu Sebastian

8 Oct 2026 8:59 PM IST

Justice Gowda also said that there was no judicial impropriety in Justice Ujjal Bhuyan's comments against mass voter deletions.

Former Supreme Court Judge Justice V Gopala Gowda said that the Supreme Court's May 2026 judgment upholding the Election Commission of India's decision to conduct the Special Intensive Revision (SIR) of electoral rolls must be recalled, saying that the judgment was the result of the Election Commission misleading the Court and misrepresenting facts.

In a conversation with LiveLaw, Justice Gowda said the Supreme Court should suo motu recall the judgment and call for all records from the Election Commission to ascertain whether the decision to undertake the SIR was taken by the Full Commission with the concurrence and approval of the majority of the Election Commissioners.

He said that the Election Commission had played a "fraud" on the Court by misrepresenting facts during the proceedings.

According to Justice Gowda, the Court should examine the records concerning the decision-making process within the Election Commission to determine whether the SIR decision had the approval of the Full Commission.

"Illegality and unconstitutionality are writ large on the [SIR] judgment," Justice Gowda said.

He said that the recent report by The Indian Express showed that various decisions relating to the SIR were objected to by two Election Commissioners and that they were taken unilaterally by the Chief Election Commissioner in the name of the ECI. However, this fact was not brought to the notice of the Supreme Court. The deliberate suppression of facts would amount to playing fraud on the Court, and fraud vitiates the basis of the judgment, he stated.

Justice Gowda stated that the press release issued by the Election Commission of India on September 26 effectively admitted The Indian Express report. Also, they tried to project that the modified Form 6 has been approved by the Supreme Court. However, the Chief Justice of India recently denied that the Supreme Court had upheld any Form 6 modification. These aspects, Justice Gowda said, warrant a relook at the SIR judgment.

No impropriety by Justice Bhuyan

Justice Gowda also defended Supreme Court Judge Justice Ujjal Bhuyan against criticism over his remarks concerning the mass disenfranchisement of voters.

He said there was no judicial impropriety in Justice Bhuyan, while serving as a sitting Supreme Court Judge, commenting on the issue of mass disenfranchisement, stating that a judge was entitled to speak on a constitutional issue.

"What is the impropriety in speaking about Constitutional rights to law students?" Justice Gowda asked.

Justice Gowda's remarks come in the context of criticism made by former Chief Justice of India BR Gavai against Justice Bhuyan over the latter's comments on the SIR issue.

Responding to the criticism, Justice Gowda questioned what right former CJI Gavai had to criticise Justice Bhuyan. He referred to an instance when ex-CJI Gavai, while serving as a judge of the Bombay High Court, had commented on the Judge Loya case even while the matter was being heard by the Supreme Court.

Justice Gowda also questioned why Gavai did not respond to public concerns over reports that crucial Election Commission decisions had not been taken with the concurrence of the other Election Commissioners.

Justice Gowda had taken part in the protest demonstration held by the CJP at Bengaluru Freedom Park today. There he expressed his disagreement with the Supreme Court's SIR judgment, terming it "unconstitutional, illegal and undemocratic."

"Democracy is being murdered and butchered at the hands of the CEC with the support of those at the helm of the affairs of the Government of India. People will teach them a lesson," he said at the Freedom Park gathering.

Also Read - No Impropriety In Justice Ujjal Bhuyan's Comment Against Mass Disenfranchisement : Justice Oka

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