08-08-2025
ECI asking Rahul Gandhi to submit complaint on Karnataka roll manipulation under oath infructuous in this situation: experts
The Election Commission of India (ECI)'s prompt response to Congress leader Rahul Gandhi asking him to submit his complaint regarding voter roll manipulation in an Assembly constituency in Karnataka 'under oath' is infructuous in this situation, according to Electoral Law experts.
The experts opine that the rule quoted by the Karnataka Chief Electoral Officer and subsequently CEOs of Maharashtra and Haryana asking the Leader of the Opposition to submit his complaint and evidence regarding it under an oath or declaration has no application to the present case and is valid only if any complaint is filed within 30 days of the publication of draft Electoral Rolls before elections.
Also read: Congress protest over 'vote theft' in Karnataka updates
Mr. Gandhi claimed in a press conference on Friday (August 7, 2025) that 1,00,250 'fake votes' were created in the Mahadevapura Assembly seat under the Bangalore Central Lok Sabha constituency in Karnataka in order to ensure a win for the BJP.
Following this, the Karnataka Chief Electoral Officer had issued a letter to the Congress leader asking him to submit the evidence under oath under Rule 20 (3) (b) of the Registration of Electors Rules 1960.
The rule says that 'the registration officer shall hold a summary inquiry into every claim or objection in respect of which notice has been given under rule 19 and shall record his decision thereon'.
'The registration officer may in his discretion (a) require any claimant, objector or person objected to, to appear in person before him; (b) require that the evidence tendered by any person shall be given on oath and administer an oath for the purpose'.
According to Constitution Law expert P.D.T. Achary, 'These rules do not apply in this situation. These rules apply till 30 days after draft rolls are published'.
'In this case elections were held 15 months back (Lok Sabha polls 2024) and the Congress party has investigated the entire issue on its own now. These rules have no application whatsoever to the present case,' he said, adding, 'they (ECI) are wrong to invoke this rule.'
Concurring with him, former Chief Election Commissioner O. P. Rawat told The Hindu that the rule quoted by the ECI is more applicable in cases like the Special Intensive Revision of Electoral Rolls, which is currently on in Bihar.
Senior lawyer Kapil Sibal said asking Mr. Gandhi to file the affidavit was 'a joke' since no inquiry can take place under the rule now.
'They are asking for affidavit to be filed and under a rule in which no inquiry can take place. It is a joke in itself. They will go to the people saying that Rahul Gandhi has been asked to submit an affidavit, but will not tell that no action can be taken under the said rule,' he said.
According to Mr. Achary, since the ECI is a constitutional body entrusted with the preparation of Electoral Rolls under Article 324, it should be the duty of the poll body to enquire into allegations regarding serious frauds.
