Advocates Syed Kaif Hasan (Delhi High Court) and M Huzaifa (Supreme Court) have raised alarm over “widespread electoral malpractices” during the recent by-elections in Uttar Pradesh. They have called for immediate judicial intervention, urging the courts to investigate allegations of voter intimidation, police bias, and misconduct that have undermined the integrity of the electoral process.
The by-elections, held on November 20, 2024, across nine constituencies in Uttar Pradesh—including Karhal (Mainpuri), Sisamau (Kanpur), Katehari (Ambedkarnagar), Kundarki (Moradabad), Mirapur (Muzaffarnagar), Ghaziabad, Phulpur (Prayagraj), Khair (Aligarh), and Majhawan (Mirzapur)—have been marred by reports of voter suppression and police obstruction. The petitioners claim that these incidents threaten the very essence of democracy and the will of the people.
The allegations are grave. They include reports of voters being forced to abandon their right to vote due to threats and intimidation, particularly among women voters from the Muslim community.
“In areas like Meerapur (Muzaffarnagar), Sisamau (Kanpur), and Kundarki (Moradabad), voters, especially women, were subjected to extreme measures of coercion, including threats at gunpoint,” stated the letter submitted to the Chief Justice of India and the Chief Justice of the Allahabad High Court. In some cases, voters were forced to leave polling booths, and political party workers faced targeted harassment.
The situation escalated with disturbing reports of the detention and torture of political workers, including a 13-year-old child of an AIMIM candidate. Despite some police officials being temporarily suspended, the Election Commission’s response to these serious allegations has been criticized as insufficient and inadequate, leaving many voters vulnerable to continued intimidation.
In response to the the petitioners have called on the courts to intervene by staying the vote counting scheduled for November 23, 2024, until a thorough investigation is conducted. They have urged the Election Commission to launch a comprehensive inquiry into the reported issues, and to hold re-elections in constituencies where the election process may have been compromised. They have also requested the formation of a Special Investigation Team (SIT) to independently examine the claims of voter suppression and police harassment, while also calling for stronger guidelines to ensure greater accountability and oversight of law enforcement during elections.
“This appeal is not only about restoring faith in the electoral process, but about ensuring that the fundamental right to a free and fair election is upheld. It is essential that the voice of the people is heard, untainted by coercion or corruption,” said Hasan and Huzaifa in their letter.
