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Trump captured Venezuelan president, where is due process in US? ECI opposes reliance on US judgments in SIR case

The poll body made the submissions before the Supreme Court while rebutting the petitioners' reliance on judgments delivered by the US courts.

Debayan Roy

During a hearing of petitions challenging the Special Intensive Revision (SIR) of electoral rolls, the Election Commission of India (ECI) on Thursday referred to the recent developments of the United States (US) capturing Venezuelan President Nicolás Maduro, and President Donald Trump's threats to take control of Greenland.

ECI made the submissions while rebutting the petitioners' reliance on judgments delivered by the US courts.

"US court judgments have been cited.. where is US following due procedure of law.. President Trump can just pick President of Venezuela for trial. Where is the due process and now he wants Greenland also. Here the petitioners want to import that here," Senior Advocate Rakesh Dwivedi submitted on behalf of ECI during his arguments.

CJI Surya Kant and Justice Joymalya Bagchi
President Trump can just pick President of Venezuela for trial. Where is the due process and now he wants Greenland also.
Rakesh Dwivedi

The Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi was hearing a batch of petitions challenging the ECI's decision to conduct SIR of electoral rolls across different States.

Last year, the ECI had directed an SIR in Bihar. Multiple petitions, including those filed by the Association for Democratic Reforms (ADR) and the National Federation for Indian Women (NFIW), challenged the legality of the process. Despite that, the ECI proceeded with the SIR in Bihar since the top court did not impose any stay on the same.

Subsequently, the ECI on October 27, 2025, extended the SIR to other States and Union Territories, including West Bengal, Kerala and Tamil Nadu. This led to multiple petitions challenging the same.

On January 19, the Court issued various directions to the ECI in respect of the ongoing SIR in West Bengal. Yesterday, the Court questioned whether the power of the ECI to conduct the SIR of electoral rolls can be considered untrammelled and beyond judicial review.

Senior Counsel Rakesh Dwivedi

Today, the ECI counsel said that once it orders SIR under Section 21(3) of the Representation of People (RP) Act, the constitutional body also decides the process by which it is to be conducted.

"There is no compulsion under Section 21(3) that all SIR must be of an identical nature," Dwivedi added.

At this, CJI Kant said if the argument were accepted, the case ends there only.

"If 21(3) argument is accepted then the case ends. How and the manner everything will be decided by you only..."

Dwivedi further said that the SIR was not done for 20 years and now it was being done due to necessity.

"If we can deviate from rule under 21(3) then just adopting a different mode than the manual cannot be looked at with suspicion or would be beyond the powers of ECI," he argued.

The ECI claimed that the constitutional body has have been transparent in the process.

"We have sent over 5 crore SMSes as well. We have followed the process strictly," he added.

Dwivedi also said that those who have been affected by the SIR have not approached the Court. The people before the Court are from political parties, he claimed.

"Rights are being espoused as though individuals are here. I can also explain the chart of Mr Yogendra Yadav," he added.

The arguments in the matter will continue on Friday.

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