SC grants relief to psephologist in Maharashtra voter list FIRs

New Delhi: The Supreme Court Monday stayed proceedings on two FIRs lodged by Maharashtra Police against psephologist Sanjay Kumar, who set off a political slugfest by his Aug 17 social media posts claiming irregular increase or decrease in voters in state constituencies but a day later deleted them with an apology.

Giving a long description of his credentials as a "reputed and respected intellectual", and his books, surveys and research shaping the understanding of scholars, journalists and policymakers about India's democracy, Kumar said he had uploaded two posts on social media platform X revealing increase and decrease in number of voters in specific constituencies based on research carried out by his associates.


His counsel explained to a bench of Chief Justice BR Gavai and Justice N V Anjaria that "due to a technical error on the part of an associate, the rows of data in comparison were misarranged, thereby displaying the wrong increase/decrease in voter lists", and that on becoming aware of the technical mistake, he deleted his posts and uploaded an apology explaining how the error crept in.

The CJI-led bench stayed further proceedings on the two FIRs, noting the immediate corrective measures taken by the psephologist, but said, "Normally we would not have entertained such a petition." Kumar has sought quashing of the FIRs lodged against him at Nashik and Nagpur by the Maharashtra Police.

He said despite his apology and sincere regret along with an explanation about how the bona fide mistake occurred, Election Commission officers lodged two FIRs against him under various provisions of the Bharatiya Nyay Sanhita (BNS).

Kumar's counsel said the lodging of FIRs "is a clear misuse of the process of law since the allegations made therein are baseless and the offences allegedly fail to be applicable to him given the facts of the case".

He accused the Maharashtra govt of "blatantly unleashing all its might to hinder his personal and professional life by hounding him with FIRs lodged across two cities and subjecting him to various other humiliation tactics despite an immediate apology issued by him for the inadvertent mistake".

Terming lodging of the two FIRs as "disproportionate aggression" by the State to target him, Kumar sought quashing of not only the two but an omnibus order for quashing of all future FIRs which would be lodged anywhere in the country against him stemming from the two deleted social media posts.


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