Rahul Gandhi, Kharge, Akhilesh Yadav Move Supreme Court Against Election Commission Over SIR Irregularities

Apart from Gandhi, the petition has been filed by Congress president Mallikarjun Kharge, Trinamool Congress MP Saugata Roy, Samajwadi Party chief Akhilesh Yadav, Rashtriya Janata Dal leader Tejashwi Prasad Yadav and others. The matter has been titled "Rahul Gandhi vs Election Commission of India".

The petition invokes the writ jurisdiction of the Supreme Court and is directed against the Election Commission of India, the constitutional body responsible for the preparation of electoral rolls and the conduct of elections. Its central grievance is that the SIR process has been marred by irregularities.

The contents of the petition have not yet been made public. Details of the grounds urged, the prayers made and the specific relief sought by the petitioners are awaited. It is not known when the matter will be listed before a Bench.

Ahead of the filing, the Supreme Court permitted a delegation of 10 to 15 Congress leaders to enter the filing counter within the Court premises. According to reports, the delegation was to submit the petition against Chief Election Commissioner Gyanesh Kumar and alleged vote theft. The reports added that the delegation would remain outside the high-security zone of the Court complex.

The filing coincided with the INDIA bloc's planned "Chalo Dilli" march, which Gandhi led from Connaught Place to the Supreme Court in protest against the functioning of the Election Commission.

CJI Surya Kant declined request to meet opposition MPs

The Opposition went ahead with the march although Chief Justice of India Surya Kant had declined a request for a meeting with Opposition MPs on the issue.

Notably, on October 11, the CJI had refused to meet with Rahul Gandhi, Congress president Mallikarjun Kharge and other opposition leaders and discuss their allegations concerning electoral irregularities.

On October 10, the leaders had requested an appointment on Monday, 12the October, 2026, between 4 PM and 5 PM, to submit a memorandum concerning:

(a) the Chief Election Commissioner / Election Commission of India;
(b) the arbitrary arrest of several students;
(c} the closure of metro stations; and
(d) the cancellation of trains, among other issues.

In a letter, the CJI had said, "At the very outset, it may be noted that the issues referred to hereinabove are already sub judice before the Supreme Court of India. Therefore, convening a meeting to discuss pending cases would wholly contravene the principle of Separation of Powers, an intrinsic facet of the basic structure doctrine of the Constitution of India, and would be incompatible with the established ethics and judicial propriety."

CJI Kant also reminded Gandhi and other that within our constitutional framework, the Supreme Court of India is not endowed with any administrative powers to deal with the issues highlighted by them.

"It would thus be more appropriate on your part to invoke the judicial powers of the Supreme Court of India, instead of submitting a memorandum on the administrative side. Incidentally, some matters highlighting similar issues are scheduled for hearing on Tuesday, 13.10.2026. If so advised, you may submit your petition on Monday, either physically at the Supreme Court of India, between 10:30 A.M. and 04:30 P.M., or alternatively, by utilising the e-filing option, which permits filing at any time and on any day. You have my assurance that any such petition shall be heard at the earliest possible opportunity, in accordance with the law," the letter added.

This development came ahead of a planned Opposition march to the Supreme Court today under the banner “Chalo Delhi – March for Democracy”, announced by Gandhi amid the continuing political controversy over electoral rolls and demands for the resignation of Chief Election Commissioner Gyanesh Kumar.

Gandhi and Kharge had written to the CJI requesting an opportunity to hand over a memorandum setting out their concerns.

The memorandum was expected to press for an end to alleged “vote chori”, the resignation of Chief Election Commissioner Gyanesh Kumar, the suspension of the SIR exercise and a return to paper ballots. They have alleged that the electoral process and the revision of voter lists raise serious questions about the fairness and transparency of elections and called for judicial scrutiny of the functioning of the Election Commission.