‘Fraud on Supreme Court’: Former SC Judge Gopala Gowda Demands Recall of SIR Judgment, Alleges ECI Misrepresented Facts
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Former Supreme Court judge Justice V Gopala Gowda has launched a scathing attack on the apex court's May 2026 verdict upholding the Election Commission of India's (ECI) Special Intensive Revision (SIR) of electoral rolls, demanding that the judgment be recalled immediately.
Speaking to LiveLaw, Justice Gowda asserted that the poll panel "played a fraud on the court" by misrepresenting material facts and concealing vital decision-making records during the proceedings. He maintained that the top court should invoke its suo motu powers to reopen the case, summon internal ECI records, and verify whether the contentious electoral revision had the backing of the Full Commission.
Allegations of Concealment and Unilateral Decisions
Justice Gowda pointed out that recent investigative reports revealed how dissent from two Election Commissioners regarding various facets of the SIR was bypassed, with decisions allegedly taken unilaterally by the Chief Election Commissioner under the banner of the ECI.
According to the former judge, this deliberate omission of crucial records from judicial scrutiny amounted to a direct fraud on the judiciary.
"Illegality and unconstitutionality are writ large on the [SIR] judgment," Justice Gowda stated, emphasizing that fraud vitiates the foundational basis of any judicial verdict. He added that a subsequent press release issued by the ECI in late September effectively corroborated these media reports, while attempting to falsely project that modifications to Form 6 had received explicit judicial sanction from the Supreme Court—a claim countered by the Chief Justice of India.
Defense of Justice Ujjal Bhuyan
Addressing ongoing debates within legal circles, Justice Gowda strongly defended sitting Supreme Court judge Justice Ujjal Bhuyan against criticism over his public remarks concerning mass voter disenfranchisement.
Dismissing assertions of judicial impropriety made by former Chief Justice of India BR Gavai, Justice Gowda argued that a judge is entirely within their rights to discuss constitutional principles and fundamental rights with law students and citizens.
"What is the impropriety in speaking about Constitutional rights?" Justice Gowda questioned, while also drawing parallels to past instances where critics themselves had commented publicly on sub-judice matters.
Justice Gowda made these remarks while participating in a public demonstration organised by Citizens for Justice and Peace (CJP) at Bengaluru’s Freedom Park, where he reiterated that the SIR process and the judicial endorsement it received strike at the heart of Indian democratic values.
