SC to hear plea against CEC Gyanesh Kumar next week
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. The petition alleges that Chief Election Commissioner Gyanesh Kumar (CEC) took decisions unilaterally in the name of the commission without the approval of the other two Election Commissioners, Sukhbir Singh Sandhu and Vivek Joshi.
Plea
What plea said
Senior advocate Vikas Singh brought this to the attention of a bench headed by Chief Justice of India Surya Kant.
"The purpose of having a multi-member Commission was that, and the statute says so, that it has to be a decision unanimously or by majority. Now, the way the Election Commission has functioned, there is serious doubt about whether there was a decision of the Election Commission for this entire exercise of special intensive revision...," Singh said.
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 Sandhu and 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."