IUML Challenges ECI's Kerala Electoral Roll Revision in Supreme Court, Citing Constitutional Overreach and Arbitrariness

NEW DELHI – The Indian Union Muslim League (IUML) has escalated the political and legal battle over Kerala's electoral rolls to the nation's highest court, filing a writ petition seeking an immediate halt to the Election Commission of India’s (ECI) Special Interim Revision (SIR) process. The petition, filed amidst ongoing local body elections in the state, raises fundamental questions about the ECI's statutory authority, the reasonableness of its actions, and the potential for mass disenfranchisement, particularly of Non-Resident Indian (NRI) voters.

The legal challenge, initiated by IUML General Secretary P.K. Kunhalikutty, targets the ECI's notification of October 27, which mandated a sweeping re-verification of the state's electoral rolls within a 30-day window from November 4 to December 4. This timeline directly clashes with the local body polls scheduled for December 9 and 11, creating what the petitioners describe as an administratively unworkable and constitutionally suspect scenario. The Kerala Pradesh Congress Committee has also approached the Supreme Court with a similar plea.

At the heart of the IUML’s case is the contention that the ECI's decision is both arbitrary and ultra vires the Representation of the People Act, 1950 (RP Act). The petition argues that the invocation of Section 21 of the RP Act for a special revision is a disproportionate measure, as it was not preceded by any documented findings of widespread fraud, duplication, or systemic corruption in Kerala's existing voter lists.

"In the absence of any documented irregularities or breakdown of the electoral system in Kerala, the invocation of Section 21 of RP Act for a special revision on such sweeping terms is disproportionate and ultra vires the statute," the plea asserts.

This argument challenges the very premise for the SIR, suggesting the ECI has initiated a de-novo verification process without the requisite factual or legal justification, especially since a comprehensive Special Summary Revision (SSR) was completed and the final roll published in January 2025.

Administrative Chaos and a Human Toll

A significant portion of the petition is dedicated to the practical impossibility and perilous consequences of conducting the SIR parallel to an active election. The plea highlights the immense pressure placed on state machinery, particularly Booth Level Officers (BLOs), who are tasked with duties for both the local polls and the intensive SIR verification.

The tragic death of Aneesh George, a BLO in Kannur who allegedly died by suicide due to extreme work pressure, is cited as a stark illustration of the human cost of the ECI’s "unholy haste." The accompanying application for a stay states, "Several BLOs have complained that despite on the field from 7 am in the morning to 8 pm and working even on Saturdays and Sundays, it is humanly impossible for them to cover the houses and to distribute the enumeration forms."

This administrative conflict, the petition argues, not only endangers officials but also undermines the integrity and stability of the electoral process itself. The IUML contends that forcing a state's electoral machinery to manage two complex, parallel processes simultaneously is a recipe for chaos, voter confusion, and ultimately, flawed outcomes.

Allegations of 'Backdoor NRC' and Voter Exclusion

The IUML has leveled serious accusations regarding the potential motive behind the SIR, framing it as a process designed to cause "mass deletion of voters." The party alleges that the exercise functions as a "backdoor citizenship verification exercise" akin to the National Register of Citizens (NRC), a function it argues is beyond the ECI's constitutional mandate under Article 324.

The petition specifically highlights the vulnerability of Kerala's significant NRI population. While online registration is available, the SIR process requires physical verification by a BLO at the voter's registered address. If an NRI is abroad during the brief verification window, they risk being classified as "not ordinarily resident" and subsequently removed from the electoral roll.

"The only intention behind this SIR where the durations for 30 days and when the State is going for the local body elections and putting unnecessary pressure in the State officers and also putting the NRI voters at peril, is to exclude as much as voters from the draft voters list as possible," the IUML argued in its plea.

This, the party claims, is a violation of the fundamental right to vote and contravenes the principles enshrined in Articles 14, 21, 325, and 326 of the Constitution.

Legal Precedent and Broader Political Context

The IUML's challenge does not exist in a vacuum. It follows a similar petition filed by Tamil Nadu's ruling DMK party, which also challenged the SIR as a "constitutional overreach." The Supreme Court is already seized of these related matters, a point noted by the Kerala High Court when it recently declined to interfere in the issue. The Kerala state government had approached the High Court seeking a deferral, but was advised to present its grievances before the apex court.

The issue has galvanized a broad political consensus in Kerala against the ECI's timing, with the ruling LDF and opposition UDF both expressing strong reservations. In September, the Kerala Legislative Assembly unanimously passed a resolution urging the ECI to reconsider the SIR. Chief Minister Pinarayi Vijayan has publicly decried the exercise as "an affront to our democratic process." The state unit of the BJP, however, has remained silent on the matter.

The writ petition was drawn by Advocate Haris Beeran, a Rajya Sabha MP for the IUML, and filed through Advocate R.S. Jena. The case, titled PK Kunhalikutty v. Election Commission of India & Anr. , is scheduled for hearing before a bench comprising Justices Surya Kant and Joymalya Bagchi on November 26 and 27. The outcome will have significant implications not only for the ongoing elections in Kerala but also for defining the scope and limitations of the ECI's powers in managing India's electoral democracy.