New Delhi, October 8, 2026: Former Supreme Court Judge Justice V Gopala Gowda on October 8 called for the recall of 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.
Speaking to LiveLaw, he alleged that the Election Commission had misled the court by withholding crucial facts about disagreements within the poll body over the SIR process.
Justice Gowda urged the Supreme Court to take suo motu action and examine the Election Commission’s records to determine whether the decision to conduct the SIR had the approval of a majority of Election Commissioners. He claimed that the alleged suppression of facts amounted to fraud on the court and raised serious questions about the validity of the judgment.
‘Fraud Played On Supreme Court’
Justice Gowda accused the Election Commission of playing a “fraud” on the Supreme Court by allegedly misrepresenting facts during the proceedings. He argued that the judgment needed to be reconsidered in light of information that had subsequently emerged about the Commission’s internal decision-making process.
“Illegality and unconstitutionality are writ large on the [SIR] judgment,” Justice Gowda said, questioning the legal and constitutional basis of the decision.
Report Raises Questions Over SIR Decisions
Referring to a recent report by The Indian Express, Justice Gowda said two Election Commissioners had objected to several decisions relating to the SIR. According to the report, the Chief Election Commissioner had taken these decisions unilaterally in the name of the Election Commission.
Justice Gowda alleged that these disagreements were not disclosed to the Supreme Court during the proceedings. He argued that deliberately withholding such information would amount to fraud on the court and could undermine the foundation of its judgment.
Election Commission’s Statement Comes Under Scrutiny
Justice Gowda also referred to a press release issued by the Election Commission on September 26, which he claimed effectively acknowledged the findings reported by The Indian Express. He further alleged that the Commission had attempted to suggest that the Supreme Court had approved the modified Form 6.
However, the Chief Justice of India had recently clarified that the Supreme Court had not approved any modification to Form 6. Justice Gowda said these developments strengthened the case for reconsidering the SIR judgment. His remarks raise a key question about whether the court had access to all relevant facts when it delivered its ruling.
Gowda Defends Justice Ujjal Bhuyan
Justice Gowda also defended sitting Supreme Court Judge Justice Ujjal Bhuyan, who had faced criticism for his remarks concerning the mass disenfranchisement of voters. He rejected suggestions that Justice Bhuyan had acted improperly by speaking publicly about the issue.
According to Justice Gowda, judges have the right to express their views on constitutional questions, particularly when fundamental rights are involved. “What is the impropriety in speaking about Constitutional rights to law students?” he asked.
Questions Former CJI Gavai’s Criticism
Justice Gowda’s remarks came after former Chief Justice of India BR Gavai criticised Justice Bhuyan over his comments on the SIR issue. Responding to Gavai, Justice Gowda questioned his authority to criticise a sitting Supreme Court judge for speaking about constitutional rights.
He recalled that Gavai, while serving as a Bombay High Court judge, had commented on the Judge Loya case even as the matter was being heard by the Supreme Court. Justice Gowda also questioned why Gavai had not addressed public concerns over reports that important Election Commission decisions were taken without the concurrence of other Election Commissioners.
‘Democracy Is Being Murdered’
Justice Gowda also participated in a protest organised by the CJP at Freedom Park in Bengaluru on October 8. Addressing the gathering, he strongly opposed the Supreme Court’s SIR judgment and described it as “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.
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His remarks have brought renewed attention to the controversy surrounding the SIR process, particularly the questions over internal disagreements within the Election Commission and the information placed before the Supreme Court. The allegations also underline the importance of transparency in decisions affecting electoral rolls and voting rights.
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