Supreme Court To Hear Pleas Seeking Suspension Of CEC Gyanesh Kumar, Challenging EC Decisions

SC will hear pleas challenging CEC Gyanesh Kumar's decisions, alleging they were made without the approval of other Election Commission members.

The Supreme Court is scheduled to hear on Monday a batch of pleas seeking the suspension of Chief Election Commissioner Gyanesh Kumar and challenging decisions allegedly taken by the Election Commission without the approval of its other two members.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana is set to hear the petitions filed by Patna resident Rakesh Kumar Singh and advocate Shailendra Mani Tripathi.

The pleas challenge various decisions, guidelines and software changes allegedly made under Kumar without the concurrence of Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi.

Pleas Challenge ‘Individual’ Exercise Of EC Powers

Singh’s public interest litigation has asked the Supreme Court to determine whether Kumar individually exercised powers that legally belong to the Election Commission as a whole.

The plea has sought suspension of Kumar pending the final hearing, arguing that the move is necessary to preserve the “multi-member character" of the poll panel.

It has also sought directions that the commission’s business be conducted by the unanimous decision of Sandhu and Joshi during the period of Kumar’s suspension.

The petition comes against the backdrop of an Indian Express report, which claimed that Sandhu and Joshi had objected on record at least 14 times over the past 10 months to decisions and orders concerning the Special Intensive Revision (SIR) of electoral rolls.

According to the report, the two commissioners had raised objections over decisions they said were issued without their knowledge or recommendation.

The Election Commission, however, said differing views and observations are a normal part of deliberations within an institution and maintained that its orders carry full legal sanction and follow established statutory procedures.

Plea Seeks Action Over Form 6 Changes

Tripathi’s petition, filed through advocate Chand Qureshi, has alleged that the CEC’s actions violate the statutory requirement of collective decision-making.

The plea has also sought initiation of criminal proceedings against the CEC and other officials for alleged breach of official duty.

One of the key issues raised is the alteration of Form 6, which is used by people to register as voters. The petition alleges that requirements relating to ancestral details and links with the previous SIR were introduced through the poll panel’s software without the statutory amendment required under electoral rules.

According to the plea, Sandhu and Joshi had objected to the changes and maintained that the prescribed form could not be altered without following the required statutory procedure.

The petition has sought a declaration that decisions, guidelines, directives and software modifications allegedly undertaken without the full commission’s concurrence or contrary to the majority opinion of the election commissioners are unconstitutional and void.

Goa, Bengal Electoral Roll Issues

The pleas have also raised concerns over the handling of electoral roll revisions in Goa and West Bengal.

In Goa, the petition alleged that the software did not have a feature to restore 97 eligible electors despite directions for their verification.

In West Bengal, the petitioner claimed that more than 16.10 lakh appeals were filed in the name of the Election Commission against voters whose names had been restored by judicial officers.

The plea alleges that the two other election commissioners and the West Bengal chief electoral officer were neither aware of nor authorised these appeals.

The Union Law Ministry, the Election Commission, Gyanesh Kumar, Sukhbir Singh Sandhu, Vivek Joshi and senior poll panel official Maneesh Garg have been made parties to the petition.