INDIA bloc to move Supreme Court against legal immunity for CEC Gyanesh Kumar, Election Commissioners as protests intensify

The INDIA bloc is preparing to approach the Supreme Court against the legal protection granted to the Chief Election Commissioner (CEC) and Election Commissioners under a 2023 law, even as opposition parties and civil society organisations staged demonstrations in Delhi and Mumbai on Friday over the Election Commission's functioning and the Special Intensive Revision (SIR) of electoral rolls. According to sources cited by News18, the Congress, Trinamool Congress (TMC), Left parties, Rashtriya Janata Dal (RJD) and other INDIA bloc constituents are expected to jointly file a petition challenging the immunity provision in the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The proposed legal challenge comes amid allegations by opposition parties concerning decisions taken by the Election Commission during the SIR exercise. The Election Commission has maintained that decisions relating to the revision were taken unanimously by the Commission. What does the 2023 law provide? Section 16 of the 2023 Act protects the CEC and Election Commissioners against legal action for acts, things or words done or spoken while acting, or purporting to act, in the discharge of their official duties or functions. The provision extends to anyone who "is or was" a Chief Election Commissioner or Election Commissioner, covering former as well as serving officials for conduct falling within the scope of their official responsibilities. The provision does not confer unrestricted immunity for every act. Whether a particular decision qualifies for protection would depend on its connection with the discharge of official duties or functions. The opposition has questioned the immunity provision since the legislation was introduced in Parliament. While CEC Gyanesh Kumar has become the focal point of the controversy, the statutory protection also extends to Election Commissioners. A separate petition has already been filed in the Supreme Court seeking action against Kumar over allegations concerning unilateral decisions related to the SIR exercise. Protests in Delhi and Mumbai The legal challenge comes as demonstrations against the Election Commission and Kumar continued in several parts of the country. In Mumbai, activists of the Cockroach Janata Party (CJP) and other civil society organisations gathered at Shivaji Park on Friday, alleging irregularities in the SIR exercise. Police personnel were deployed in large numbers ahead of the demonstration. CJP spokesperson Saurav Das accused Kumar of acting against the country's interests and predicted widespread support for the agitation. "The youth of the whole country, the young generation, everyone came out last time for the resignation of Dharmendra Pradhan. And this time too, it is going to be the same with Gyanesh Kumar, who is a traitor to the country. The youth of Mumbai are hitting the streets again. Today, a massive protest is going to happen at Shivaji Park. And I want, I appeal to all the Mumbaikars and our friends. Everyone come," Das said. Maharashtra Chief Minister Devendra Fadnavis rejected the allegations against the Election Commission, saying they had already been addressed. "The entire matter has been exposed. Following the press conference held by the three Election Commissioners, their fake narrative has been busted. Yet, attempts are still being made to push this fake narrative. They will not succeed in this," Fadnavis said. Opposition leaders demand CEC's removal In Delhi, members of the Students' Federation of India (SFI) and the Democratic Youth Federation of India (DYFI), along with opposition leaders, assembled near Jantar Mantar to protest against the SIR exercise and demand Kumar's removal. The demonstration took place despite Delhi Police refusing permission and imposing restrictions under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. CPI(M) general secretary MA Baby accused the CEC of violating the rules governing the Election Commission and called for his removal. "Gyanesh Kumar should be arrested for the criminal activity of cutting people's votes," Baby said. He said thousands of student and youth activists had travelled to Delhi from different parts of the country. Baby also alleged that Kumar had been "nakedly violating all existing rules" governing the poll body. CPI(M) leader Brinda Karat demanded Kumar's removal and an immediate suspension of the SIR exercise. "The main question is to make the CEC resign and remove him. He won't resign; he needs to be removed. The SIR must be stopped immediately, and the Election Commission must be fixed by changing the 2023 law," Karat said. AAP leaders detained, security tightened Aam Aadmi Party (AAP) leaders also joined the demonstrations in the national capital. Delhi party president Saurabh Bharadwaj was detained shortly after reaching Jantar Mantar. AAP leaders Atishi and Kuldeep Kumar, along with other opposition members, were also detained. Bharadwaj alleged that police personnel had mishandled women protesters and that he had sustained scratches during his detention. He also claimed that police had stationed personnel outside his residence overnight. In a post on X, he said he and AAP MLA Sanjeev Jha had been detained despite the protest being peaceful. He urged demonstrators to continue their agitation through constitutional and peaceful means. Delhi Police said Section 163 was in force in New Delhi, prohibiting assemblies of five or more people, processions, demonstrations, picketing, dharnas, slogans and speeches without prior written permission. Carrying firearms, banners, placards, lathis, swords, sticks and similar objects was also prohibited. DCP New Delhi Sachin Sharma said preventive measures had been put in place and appealed to people to cooperate. Asked about reports of injuries among police personnel, he said, "Some people have sustained injuries; we are assessing." Police and Rapid Action Force personnel were deployed at Jantar Mantar, with riot-control vehicles and barricades in place. The Delhi Metro Rail Corporation also closed entry and exit at 11 stations until further notice: Janpath, Patel Chowk, Central Secretariat, Rajiv Chowk, Seva Teerth, Mandi House, Lok Kalyan Marg, INA, Chawri Bazar, Ramakrishna Ashram Marg and New Delhi. Interchange facilities remained available at select stations. The opposition has indicated that its agitation will continue, with further programmes planned for October 6 and a rally in Delhi on November 1