Institute of Legal and Management Studies

A public interest litigation has been filed before the Supreme Court seeking de-registration of the Indian National Congress as a political party as well as constitution of a special investigation team to investigate party leaders Rahul Gandhi and Mallikarjun Kharge's'Vote-Chori' campaign against the Election Commission of India.

As a temporary measure, the petitioner seeks ex-parte ad-interim stay restraining INC, Gandhi, Kharge, their agents, and representatives from making any public statements, speeches, campaigns, or issuing publications undermining the authority, impartiality, and credibility of ECI during pendency of the case.

The petition is filed by one Satish Kumar Aggarwal, ex-Vice President of Akhil Bharat Hindu Mahasabha, claiming that he is aggrieved by “the nationwide anti-constitutional activities, propaganda, and campaigns orchestrated” by the INC, Gandhi and Kharge against ECI – a constitutional authority.

“The said propaganda, designed to undermine the constitutional authority of the Election Commission, directly impinges upon the sanctity of the democratic process”, the plea states.

The petitioner avers that at the time of its registration, INC had sworn allegiance to the Constitution of India, but the recent actions of the party and its two leaders violate that oath and amount to interference with ECI's statutory and constitutional functions, “which is vested with exclusive authority to amend electoral rolls” across the country.

The plea further states that since the issue of Bihar special intensive revision is sub-judice before the Supreme Court, INC, Gandhi and Kharge cannot run “propaganda campaigns” and make “vote-chori” allegations in public meetings, especially as one of their party MPs is a petitioner in the Bihar SIR matter (KC Venugopal).

“Once the issue of special intensive revision of voter list of State of Bihar is sub-judice before this Hon'ble Court , the political parties specially Indian National Congress and its leader Sh. Rahul Gandhi and Shri Mallikarjun Kharge cannot make any campaign, propaganda and can use the language (Vote Chor) in public meetings.”

The petitioner asserts that Gandhi and Kharge have breached the oaths taken by them before occupying their seat in the Parliament. “Attributing the words Vote Chor against Election Commission of India and making allegation of connivance of Election Commission of India with Central Government inspite of pending of the Writ Petitions is battened disregard of allegiance to the Constitution of India as established by law.”

The plea further states that INC and its leaders/workers have maligned the image of CEC Gyanesh Kumar by using “unparliamentary words” like “vote-chor” in print and electronic media.

In related news, another PIL has been filed by an advocate seeking constitution of an SIT, headed by a former Judge, to inquire into the allegations raised by Rahul Gandhi regarding large-scale voters list manipulation in the Bengaluru Central constituency during the 2024 Lok Sabha elections.

The petition has been filed through Advocate Abhishek.

Case Title: SATISH KUMAR AGGARWAL VERSUS UNION OF INDIA & ORS.