SC agrees early listing of plea challenging ECI's decision-making process
What's the story
The Supreme Court has agreed to early listing of a plea challenging the manner in which the Election Commission of India (ECI) is functioning. The plea alleges the powers of the multi-member constitutional body are being exercised without following a legally mandated collective decision-making process. Senior advocate Vikas Singh brought this to the attention of a bench headed by Chief Justice of India Surya Kant, saying the statutory scheme requires decisions of the commission to be unanimous or by majority.
Digital controversy
Controversy surrounding election commissioners' concerns
The petition comes against the backdrop of an explosive report by The Indian Express, which claimed that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded objections at least 14 times over the last 10 months to decisions and orders concerning the Special Intensive Revision (SIR) of electoral rolls.
The report said the two commissioners said some of the decisions were issued without their knowledge or recommendation.
Case
Pleas seek removal of CEC
The Supreme Court has agreed to hear the petition next week.
Since the report surfaced, several petitions have been filed, seeking the removal of CEC Kumar.
One plea filed under Article 32 of the Constitution seeks a direction requiring the CEC to "show under what authority he has acted, and continues to act" like he is individually entitled to exercise the collective decision-making power vested by Article 324 of the Constitution in the Election Commission.
ECI
EC reacts to report on 'dissent'within poll body
The ECI has sought to downplay the row.
In its statement issued last week, the poll body said all queries raised by members at the stage of drafting procedures were standard practice.
"The Commission operates as a multi-member constitutional body. Written notes, observations, technical suggestions and internal checks-and-balances are standard, ongoing practices designed to ensure complete transparency, legal compliance and operational rigor. All actions of ECI have been in accordance of laws and instructions of the Commission."