42 Former Judges Defend Election Commission, Question ‘Vote Theft’ Claims

Forty-two former judges and retired veterans of constitutional office have backed the Election Commission amid Opposition protests over alleged irregularities in electoral rolls and demands for the resignation of Chief Election Commissioner Gyanesh Kumar.

In an open letter dated October 7, the signatories expressed “grave” concern over what they described as a sustained attack on the Election Commission, judiciary and other statutory bodies.

‘Criticism Is A Democratic Right, Denigration Is Not’

The former judges said questioning constitutional institutions was a legitimate democratic right but warned against personal attacks and attempts to undermine their credibility.

“Criticism of institutions is a democratic right. Denigration is not,” the letter said, alleging that constitutional authorities were increasingly being labelled “thieves”, “puppets” and “compromised” from public platforms.

They also questioned the basis of “vote theft” allegations, pointing out that such claims were being made at press conferences rather than before courts.

“Allegations of ‘vote theft’ are made at press conferences, not before courts. When the Commission seeks a sworn declaration, none is filed,” they said.

The letter also questioned repeated allegations against Electronic Voting Machines after electoral defeats, noting that victories secured using the same machines often go unquestioned.

Former Judges Defend Special Intensive Revision

The signatories strongly defended the Special Intensive Revision (SIR) of electoral rolls, describing it as part of the legal framework governing electoral rolls.

They referred to Section 21(3) of the Representation of the People Act, 1950, which empowers the Election Commission to revise electoral rolls.

According to the letter, the exercise seeks to remove names of deceased voters, duplicate entries and those who have shifted residence, while ensuring eligible citizens are included.

The former judges also said the Supreme Court had upheld SIR as lawful and within the Commission’s powers, with safeguards including notice, hearing, objection and appeal.

‘Trust Is The Currency Of Democracy’

The letter warned that repeatedly casting doubt on electoral institutions could weaken public faith in the democratic process.

“Trust is the currency of democracy,” the signatories said, warning that citizens could lose faith in elections if they were repeatedly told that their votes did not count.

“When the ballot loses meaning, the street gains it. Unrest begins with a narrative. Anarchic and fringe elements then occupy the vacuum,” they said.

They urged political parties to take their grievances to the Election Commission and courts with evidence.

“Contest elections. Do not delegitimise them,” the letter said.

Appeal To Media

The signatories also urged the media not to amplify unverified allegations.

“A headline is not evidence, and repetition does not make an allegation the truth,” they said.

The letter concluded by stressing that constitutional institutions belong to citizens rather than any particular government.

“Constitutional bodies do not belong to any government; they belong to the people of India,” the former judges said.