Forty-two former judges have publicly backed the Election Commission, saying “vote theft” allegations are being made without evidence and that calling constitutional bodies “thieves” risks eroding trust in democracy. The letter came as opposition MPs led by Rahul Gandhi protested in Delhi against Chief Election Commissioner Gyanesh Kumar.
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New Delhi: A group of 42 former judges, including former judges of the Supreme Court and former Chief Justices of High Courts, has issued an open letter expressing concern over what it describes as a sustained campaign to undermine the Election Commission of India, the judiciary and other constitutional institutions, and defending the Special Intensive Revision (SIR) of electoral rolls [Open letter by 42 former judges on the Election Commission and the SIR].
The signatories include former Supreme Court judge Justice Hemant Gupta, former Chief Justice of the Jammu and Kashmir and Delhi High Courts Justice B.C. Patel, former Karnataka High Court Chief Justice Subhro Kamal Mukherjee and former Sikkim High Court Chief Justice Permod Kohli. The letter is dated October 7, 2026.
‘Criticism is a democratic right. Denigration is not’
The former judges wrote that “silence is no longer a neutral choice” and that “India’s constitutional bodies are under sustained attack”, describing what they see as “a calculated campaign driven by vested political interests”. The Election Commission, they said, “stands at the centre of this assault.”
“Criticism of institutions is a democratic right. Denigration is not.”
They questioned why claims of vote theft are being made mainly at press conferences rather than placed with evidence before the courts or the Commission, and warned that branding constitutional authorities as “thieves” and “compromised” could weaken public faith in elections. “Trust is the currency of democracy,” the letter said, cautioning that efforts to delegitimise elections could fuel unrest.
On the SIR, the signatories described it as a legally established exercise under Section 21(3) of the Representation of the People Act, 1950, meant to remove deceased, duplicate and shifted voters while including eligible citizens, and pointed to the safeguards of notice, hearing, objections and appeal built into the process.
The opposition’s position
The letter was released as opposition MPs of the INDIA bloc, led by Leader of Opposition in the Lok Sabha Rahul Gandhi, protested in Delhi against Chief Election Commissioner Gyanesh Kumar. Rahul Gandhi, Priyanka Gandhi Vadra and other MPs were detained by Delhi Police on Wednesday after their bus was stopped near Janpath on the way to Jantar Mantar.
Rahul Gandhi has renewed his “vote chori” charge and is demanding the CEC’s resignation, while opposition parties have described the SIR as a tool for manipulating voter lists. No direct response from the Congress or other opposition parties to the former judges’ letter was available at the time of writing. The Election Commission has rejected the allegations of vote theft.
The questions before the courts
The dispute is also before the courts. The Supreme Court has issued notice on petitions seeking the suspension and prosecution of the Chief Election Commissioner and a special investigation into deletions during the SIR, and a separate plea challenges the appointment of the CEC and the two Election Commissioners. The former judges urged that grievances be pursued through such legal channels rather than public agitation.
This is not the first such intervention. In November 2025, 272 signatories, including 16 former judges, 123 retired bureaucrats and 133 retired armed forces officers, had written an open letter criticising Rahul Gandhi’s attacks on the Election Commission. The views in the latest letter are those of its signatories; none of the competing claims about the electoral rolls has been decided by a court.
Details: Open letter by 42 former judges, including former Supreme Court judges and former High Court Chief Justices | Dated: October 7, 2026 | Subject: Allegations of vote theft, the Election Commission of India and the Special Intensive Revision of electoral rolls.
Appearances: Not applicable.