'SC intervention must to goad EC to act on Rahul's vote theft charges' | Capital Beat

Congress MP Rahul Gandhi’s recent exposé on alleged voter fraud has intensified scrutiny of the Election Commission (EC).

In a special episode of Capital Beat on The Federal, retired Bombay High Court judge Justice BG Kolse Patil accused the poll body of arrogance and lack of transparency, stating that the exposé raises fundamental questions about electoral democracy in India.

Also read: Rahul Gandhi hosts his first INDIA bloc dinner; SIR, ‘election theft’ on menu

SC must intervene: Justice Patil

Rahul had earlier presented alleged instances of vote rigging, including bogus voting and voter list fraud. He claimed multiple voters were registered at a single address and questioned the removal of CCTV footage and video evidence from EC records. Rahul also raised concerns about the shutdown of state election commission websites in several BJP-ruled states on the same day as his revelations.

Also read: Rahul says EC shut its websites in 3 states after his voter theft allegations

Justice Patil called for urgent intervention from the judiciary and mass mobilisation of the public to protect democratic values, suggesting that the situation warrants suo motu cognisance by the Supreme Court.

Rahul's five-point charge

During a rally following his exposé, Rahul posed five-pointed questions to the EC. He demanded answers on why CCTV and video footage were removed, and raised concerns about voter list irregularities and bogus entries. He also questioned whether the EC was acting impartially or serving as an agent of the ruling party.

Rahul also accused the commission of ignoring threats and intimidating opposition parties. He further called on the Karnataka government to investigate the voter fraud issue, marking the first step towards a possible criminal probe.

The day after Rahul's speech, several state election commission websites reportedly went offline. These states included Rajasthan and Madhya Pradesh. Rahul's camp suggested this may have been an attempt to suppress or avoid scrutiny over electoral data.

Justice Patil criticised the EC’s response to Rahul’s allegations, saying the demand for a written affidavit from the Congress leader despite televised evidence amounted to institutional arrogance. He claimed Rahul's team had conducted a detailed house-to-house verification of voter lists and dismissed the commission’s actions as evasive.

“This shows the arrogance of constitutional institutions… they will never admit that they are wrong,” Justice Patil said.

Also read: Rahul asks EC to share voter lists, video recordings from past 10 years

He stated that the only viable responses now are for the Supreme Court to take suo motu action, or for citizens to take to the streets in protest. He appealed directly to the Supreme Court judges to act in defence of the Constitution.

Concerns over political bias

Justice Patil alleged that appointments to constitutional bodies, including the judiciary and the EC, have become increasingly politicised. He cited the example of former BJP spokespersons being appointed to judicial positions and questioned the impartiality of those currently holding office.

He recalled the Congress-era policy of elevating individuals from farming backgrounds to the judiciary, contrasting it with current practices. He lamented that institutions are now more concerned with serving the ruling government than upholding constitutional values.

“The judiciary has the power to check the activities of the president, prime minister, vice president, whoever is assuming power,” Justice Patil said. He cited Articles 32 and 142 of the Constitution as granting the Supreme Court wide-ranging powers to safeguard democracy.

Mass protests or judicial intervention

In response to a question about the efficacy of political protests, Justice Patil said protest marches would not suffice unless they involved large-scale public mobilisation. He asserted that only mass participation or judicial intervention could force the EC to act.

Referring to a dinner meeting held at Rahul’s residence, where INDIA Bloc leaders decided to stage protest marches against the EC, he expressed scepticism about the effectiveness of such symbolic gestures alone.

Also read: EC asks Rahul Gandhi to sign oath or apologise to nation over 'vote theft' claim

He reiterated his call for the Supreme Court to take up the matter without waiting for a formal petition. “If they really care for the country, they should take suo motu action against the EC,” he stated.

Boycotting polls may not work

The discussion turned to whether the elections could be countermanded if voter fraud was conclusively proven. Justice Patil confirmed that the judiciary does have the power to cancel elections in such cases. However, he noted that such actions would require judicial courage and willingness to act in the public interest.

He emphasised that the exposure of “five kinds of electoral theft” should ideally lead to legal accountability and institutional reform. However, without judicial action, the findings may not translate into policy or electoral consequences.

When asked whether election boycotts could help, Justice Patil rejected the idea. He pointed out that political opponents could simply be replaced with well-funded, compliant candidates, thereby undermining the purpose of a boycott.

Call for resistance, public accountability

Justice Patil issued a stark warning about the current political climate, claiming that constitutional institutions are being systematically weakened. He said that the only effective resistance now lies in public mobilisation and judicial activism.

Also read: 'Vote Adhikar Rally': Congress' mega show against electoral fraud in Bengaluru today

Referring to his own history of activism, including time spent in jail and police custody, he said he was not afraid of consequences. He called on the Gandhi family and the Congress party to escalate their fight, even at personal risk.

“I am appealing to the Congress and to the judges of the Supreme Court… If in your regime, democracy is being destroyed, take cognisance of it,” he said.

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