New Delhi: The Supreme Court on Monday issued notice to the Election Commission of India (ECI), Chief Election Commissioner Gyanesh Kumar and Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi on pleas challenging the functioning of the poll panel and seeking action against the CEC.
A Bench headed by Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana was hearing petitions concerning allegations that certain decisions, directions and changes related to the electoral process were taken without the concurrence of the other Election Commissioners.
The petitioners have also sought the suspension of CEC Gyanesh Kumar and challenged decisions allegedly taken without the approval of the other two Election Commissioners.
SC says cannot rely only on news reports
During the hearing, the Supreme Court made it clear that it could not pass an order merely on the basis of a newspaper or news report.
The Court indicated that it would first hear the Election Commission’s response to the allegations before considering whether any action was required.
The Bench said that if, after examining the response, it was established that decisions had been taken without the required unanimity, the Court could reconsider those decisions.
Pleas challenge CEC’s functioning
The petitions raise questions over the manner in which the Election Commission has taken certain decisions under the leadership of Gyanesh Kumar.
The allegations include claims that certain decisions, guidelines and changes to electoral processes and software were made without the concurrence of Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi. The pleas have also raised issues linked to the ongoing Special Intensive Revision (SIR) of electoral rolls.
The petitions were filed after reports that the two other Election Commissioners had raised objections on several occasions over decisions concerning electoral rolls, voter registration and the Commission’s technology systems.
What happens next?
The Supreme Court has sought responses from the Election Commission, CEC Gyanesh Kumar and the two Election Commissioners. The Court will examine the allegations after receiving their responses.
The Election Commission has maintained that differing views and observations are a normal part of institutional deliberations and that its orders have full legal sanction and follow established procedures.