Supreme Court adjourns petitions challenging Election Commission's functioning
What's the story
The Supreme Court has adjourned a batch of petitions challenging the functioning of the Election Commission of India (ECI). The petitions, which were filed against Chief Election Commissioner (CEC) Gyanesh Kumar and his decisions, have now been given 10 days to file a rejoinder to the ECI's counter-affidavit. The bench, headed by Chief Justice Surya Kant and comprising Justices Joymalya Bagchi and V Mohana, heard the case.
Allegations
Petitioners allege unilateral decisions by CEC Kumar
The petitions allege that several key decisions, including those related to the Special Intensive Revision (SIR) of electoral rolls, were taken unilaterally by CEC Kumar.
Senior Advocate Abhishek Manu Singhvi, representing Leader of Opposition Rahul Gandhi and other INDIA Bloc leaders, urged the court to preserve file-notings and internal communications to determine if the decisions were unanimous or not.
ECI's defense
ECI denies allegations, claims decisions were taken unanimously
The ECI has denied the allegations of unilateral decision-making, claiming all decisions regarding SIR were taken unanimously.
The Commission also said Form 6 was not amended and argued that the plea to restrain CEC Kumar is not maintainable under Article 324(5) of the Constitution.
This article provides for removing a CEC in the same manner and on the same grounds as a Supreme Court Judge.
Legal questions
Petitioners question ECI's adherence to constitutional provisions
The petitioners have questioned whether the ECI's functioning was in accordance with Article 324 and Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
They also raised concerns over voting rights and sought interim relief from the court.
However, the bench had expressed reservations about suspending CEC Kumar without hearing respondents first, citing potential disruptions to the functioning of the ECI.
Court proceedings
Notices issued to key ECI officials in previous hearing
The bench had issued notices to several key ECI officials, including CEC Kumar and Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi.
The court had also asked Deputy Election Commissioner Maneesh Garg and Director General (IT) Seema Khanna to respond.
The matter has been tentatively listed for hearing on November 17 after the petitioners were given time to file a rejoinder.