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COVER STORY                                                          OCTOBER 02, 2026      |  The Indian Eye                    5



        allegations concerning Form 6 illus-                                                                      The ECI’s  own  response that
        trate the problem.                                                                                    internal notes and technical observa-
            If the allegations are established,                                                               tions are part of normal functioning
        this is not a minor software modifica-                                                                is also reasonable as far as the prin-
        tion. A change in the registration pro-                                                               ciple goes. Multi-member institutions
        cess can affect who is able to enter the                                                              should  allow  disagreement.  Indeed,
        electoral system and what documenta-                                                                  disagreement within a constitutional
        tion or information a first-time voter                                                                body is not necessarily evidence of in-
        must provide.                                                                                         stitutional failure.
            At the same time, the precise le-                                                                     The crucial issue is what happens
        gal status of the disputed modification,                                                              after disagreement.
        and the responsibility of individual of-                                                                  Are objections properly con-
        ficials  for  it,  requires  examination  of                                                          sidered?  Are majority  decisions  re-
        the relevant rules and records. Political                                                             corded? Are statutory procedures
        claims alone cannot establish illegality.                                                             followed? Are minutes maintained?
            The second major concern is tech-                                                                 Is responsibility clearly documented?
        nology. The traditional architecture of                                                               Can an affected citizen challenge an
        electoral-roll management is decen-                                                                   exclusion? Can an erroneous dele-
        tralised.  Electoral  Registration  Offi-                                                             tion be reversed? Does the digital
        cers at the constituency level have stat-                                                             system preserve an auditable trail of
        utory responsibilities for preparing and                                                              who changed what and under whose
        maintaining voter lists. The controver-        Chief Election Commissioner Gyanesh Kumar (ANI Photo)  authority?
        sy has raised questions about whether                                                                     These are questions that can be
        increasing centralisation of elector-  leaders has included  serious  accusa-  The current controversy therefore   answered through documentation.
        al-roll data through ECINet could   tions of criminal conduct and conspir-  goes beyond Gyanesh Kumar. It raises   The controversy has consequently
        weaken that decentralised structure.  acy.  These  are  political  allegations,   questions about the design of India’s   produced an opportunity as well as a
            According to the Indian Express   not established findings.     election-management   architecture  crisis for the Election Commission. It
        investigation, Joshi had raised concerns   The BJP and the Election Com-  in an era when voter databases are   can remain a political battle, with the
        about what he described as “gradu-  mission have rejected the opposition’s   increasingly dependent on software,   opposition demanding resignation and
        al centralisation” of the electoral-roll   characterisation of the dispute. The   centralised platforms and digital au-  the ECI defending its decisions. Or
        database, while Sandhu questioned   ECI has insisted that its procedures   thentication.              it can become an institutional audit
        whether  state-level  officials  had  ade-  and final decisions remain lawful and   The plea before the Supreme   of how India’s electoral machinery is
        quate access to the systems needed to   unanimous.                  Court has sought preservation of dig-  being transformed by technology and
        perform their statutory responsibilities.  But the more important question   ital audit trails, restoration of decen-  large-scale revision exercises.
            This is potentially more significant   is whether the mechanisms for identi-  tralised access for Electoral Registra-  For a constitutional body, the sec-
        than the political rhetoric surrounding   fying, notifying, appealing and restor-  tion Officers, review of disputed Form   ond route matters more.
        SIR.                              ing voters are transparent, accessible   6  modifications  and  an  independent   The credibility of an election
            Digital systems can make election   and subject to independent scrutiny.  judicial inquiry or SIT involving retired   commission ultimately rests not on
        administration  faster  and  more  effi-  This is where the ECI faces its   judicial and technical experts. These   the absence of disagreement but on
        cient. But they can also concentrate   biggest institutional challenge. An   are requests at the pleading stage, not   the visibility of the rules governing
        control.  If an Electoral  Registration   election commission does not merely   judicial findings.    disagreement. It rests on the ability of
        Officer determines that a person quali-  administer  polling day. Its  credibility   But the underlying principle is   citizens to know how their names enter
        fies for inclusion but cannot technically   begins much earlier, with the electoral   sound as an institutional  question:   the electoral roll, how they can be re-
        record or reverse that decision because   roll. If citizens believe that the process   where allegations concern both ad-  moved, who makes that decision, how
        the central software does not permit it,   for getting on the roll, remaining on it   ministrative decisions and the technol-  it can be challenged and whether the
        the question of accountability becomes   or being removed from it is opaque,   ogy through which those decisions are   system can correct its own mistakes.
        complicated.                      confidence  in  the  election  itself  can   implemented,  independent  verifica-  The current row has put those
            This creates a difficult institutional   suffer even if voting and counting are   tion can help separate genuine proce-  questions squarely on the national
        question: who has authority to repre-  conducted flawlessly.        dural problems from political claims.  agenda.
        sent the Commission in such proceed-                                                                      The Supreme Court will have its
        ings, and what internal approval is re-                                                               role in determining the legal questions
        quired before the poll panel challenges                                                               raised by the new plea. Parliament
        decisions that have restored voters to                                                                and political parties have their own
        the rolls?                                                                                            institutional responsibilities. The Elec-
            Again, the answer should come                                                                     tion Commission, meanwhile, has the
        from records and law rather than po-                                                                  most immediate task: to demonstrate
        litical assertion. That distinction is par-                                                           through records, procedures and trans-
        ticularly important because the contro-                                                               parent processes that the machinery
        versy has rapidly acquired a partisan                                                                 entrusted with the country’s elections
        character.                                                                                            remains accountable to the law.
            Congress has accused the CEC of                                                                       For India’s democracy, that is a
        acting  unilaterally and has demand-                                                                  question considerably larger than the
        ed his resignation. Party leaders have                                                                fate of any one CEC.
        held protests across several states,                                                                      It is ultimately about whether the
        while some have made allegations of   Cockroach Janta Party Founder Abhijeet Dipke addresses a press conference alleging the   institution that determines who gets to
        voter disenfranchisement and collu-  Election Commission is stealing votes and demanding the resignation of the ECI Chief within 48   vote  can  command  confidence  from
        sion  with  the  government.  The lan-         hours, in New Delhi on Thursday (ANI Photo/ Ritik Sharma)  both those who win elections and those
        guage used by individual opposition                                                                   who lose them.


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