SC refuses to suspend CEC Gyanesh Kumar
What's the story
The Supreme Court has refused to pass any interim order to suspend Chief Election Commissioner Gyanesh Kumar over allegations that he took decisions unilaterally in the Election Commission of India (ECI) without consensus from the two other Election Commissioners. The bench, headed by Chief Justice of India Surya Kant, has issued notice to the ECI seeking their response on the allegations made in the plea.
SC
'If certain decisions were without required unanimity...'
The bench, however, indicated that if, after considering the ECI's response, it finds that certain decisions were taken by CEC without the required unanimity, it could reconsider or recall those decisions.
"After notice, if they come and show that...decisions were taken without unanimity, we will take those decisions back."
Senior Advocate Vikas Singh, appearing for one of the petitioners, Rakesh Kumar Singh, then asked, "What all can your lordships undo? Your lordships cannot undo an election, or...an elected government."
Plea
Court cannot pass order solely relying on newspaper reports
Singh also said that the press release of the ECI in response to a report by the Indian Express amounted to admitting the allegations made against Kumar.
However, CJI Kant said the court cannot pass an order solely relying upon newspaper reports.
Singh pressed for an interim order to suspend Kumar immediately.
"We are dealing with a grave situation which can undermine the very basis of our democracy....," Singh stated.
Singh
'Who will conduct the elections if CEC suspended'
When the bench said that it had to first decide if there was any violation in the ECI's functioning, Singh said, "The Court has to pass some interim orders, otherwise the country will burn."
The bench then said that if the CEC is suspended, the ECI functioning will be stalled.
"Who will conduct the elections?" they asked.
Suspension plea
Petitioners seek Kumar's suspension
The petitioners have sought Kumar's suspension until the final hearing. They want ECI members Dr. Sukhbir Singh Sandhu and Dr. Vivek Joshi to jointly conduct the commission's business.
Another petitioner, Tripathi, has sought criminal proceedings against Kumar for dereliction of duty.
The petitioners have also challenged certain decisions made by the ECI under Kumar's leadership. They argue these decisions were unconstitutional, ultra vires (beyond one's legal power or authority), and void ab initio (invalid from the outset).
Unauthorized changes
Changes in voter registration form
The plea also claims that Form 6, the voter registration form, was changed without legal amendments.
It seeks restoration of statutory Form 6 as prescribed under the Registration of Electors Rules, 1960, and to permit all eligible adults to register as voters on the basis of original statutory requirements
CJI Kant made it clear that "any modified Form 6 has not been approved by us. Let's be clear. When record has produced, we would like to see who has modified."