The Opposition's fight with the Election Commission is now heading to the Chief Justice of India's door. Congress president Mallikarjun Kharge said on Sunday, 11 October, that he and Leader of the Opposition in the Lok Sabha Rahul Gandhi will meet Chief Justice of India Surya Kant on Monday, 12 October, between 4 pm and 5 pm. Speaking to reporters in Bengaluru, Kharge said they would raise alleged irregularities in the Election Commission and the police action against protesters in Delhi.
What Kharge said
Kharge said both leaders had written to the CJI seeking time to brief him on what he called the state of democracy in the country. He was careful to frame the meeting as a request rather than a demand. "We cannot demand anything from him; only with folded hands will we submit our request," he said, according to news agency reports.
He then turned his fire on the government. Kharge accused Prime Minister Narendra Modi and Home Minister Amit Shah of creating an "undeclared emergency" and said the government was afraid of young people raising the slogan of "save democracy, save our votes".
The charge against the Election Commission
At the centre of the Congress attack is Chief Election Commissioner Gyanesh Kumar. Kharge alleged that the CEC was preventing his fellow commissioners from taking independent decisions, and said two members of the Commission had "openly exposed" how it was functioning without any action being taken. He repeated the Opposition's "vote chori" (vote theft) allegation, claiming it had helped form governments at the Centre and in states.
Kharge also questioned the 2023 law on the appointment and service conditions of election commissioners, which protects them from legal proceedings for acts done in the course of their duty. He argued that such immunity was not available even to the President of India or the Chief Justice, and asked why it had been given to election commissioners.
These are political allegations made by the Opposition. The Election Commission and the government have not responded to Kharge's latest remarks so far, and the Commission has rejected similar charges in the past.
The background: Saturday's protest in Delhi
Kharge's announcement came a day after a planned mass protest at Jantar Mantar in New Delhi demanding the resignation of the CEC. Delhi Police detained a large number of people in the capital on Saturday, 10 October, and gates at several Metro stations were shut as part of security arrangements. Kharge said nearly 32,000 police personnel and 7,500 CRPF personnel had been deployed.
He alleged that roads were blocked, communication was disrupted, access to airports was restricted and mobile networks were shut down, and that young people were stopped from travelling for jobs, appointments and classes.
Key facts at a glance
| Detail | Information |
|---|---|
| Who | Mallikarjun Kharge (Congress president) and Rahul Gandhi (LoP, Lok Sabha) |
| Meeting with | Chief Justice of India Surya Kant |
| When | Monday, 12 October 2026, 4 pm–5 pm |
| Issues to be raised | Alleged EC irregularities, police action on protesters, curbs on democratic rights |
| Where Kharge spoke | Bengaluru, Sunday, 11 October |
| Trigger | Jantar Mantar protest demanding CEC Gyanesh Kumar's resignation on 10 October |
What it means
A meeting between top Opposition leaders and the Chief Justice on a political dispute is unusual. The CJI cannot act on a political complaint brought to him in a meeting; courts act on petitions filed before them. That is why Kharge stressed that they would only "submit a request". Still, the move signals that the Opposition wants to take its campaign against the Election Commission beyond the streets and Parliament, and put the issue on the radar of the judiciary.
For voters, the larger debate is about the independence of the poll body, which conducts elections to the Lok Sabha, state Assemblies and the offices of the President and Vice-President. The Opposition's INDIA bloc had already met President Droupadi Murmu earlier this week seeking the CEC's removal.
What happens next
All eyes are now on Monday's meeting and whether either side shares details afterwards. The ruling BJP has been sharply critical of the Opposition over the protest, and the political exchange is likely to intensify in the coming days. Whether the Congress follows the meeting with a formal petition in the Supreme Court remains to be seen.
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