SC Seeks EC, Centre Response on Pleas Against CEC
Top court says newspaper reports cannot form the sole basis for an order on alleged unilateral decisions by the poll panel
- SC seeks responses from the Election Commission and Centre within a week.
- Court says newspaper reports alone cannot form the basis of an order.
- Pleas challenge alleged unilateral decisions by CEC Gyanesh Kumar.
- Petitioners seek protection of the Election Commission’s multi-member character.
GG News Bureau
New Delhi, 5th Oct: The Supreme Court on Monday issued notice to the Election Commission and the Centre on a batch of pleas seeking the suspension of Chief Election Commissioner Gyanesh Kumar and challenging decisions allegedly taken without the approval of the other two Election Commissioners.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana said the court could not pass an order solely on the basis of a newspaper report and needed the Election Commission’s response before examining whether the Chief Election Commissioner could independently exercise powers constitutionally vested in the multi-member poll panel.
The court directed the Election Commission and the Centre to respond within a week.
“A news report may be 100% correct, partially correct or incorrect. We cannot pass an order on that basis today. We would definitely want their response,” the bench observed.
The court also said that if any decision taken by the Election Commission was found to be contrary to law, it would annul the decision. It further observed that decisions of the poll panel have to be either unanimous or taken by majority.
“We presume that decisions are taken by Election Commission as per law,” the bench said.
The pleas were filed by Patna resident Rakesh Kumar Singh and advocate Shailendra Mani Tripathi. They challenge decisions, guidelines and alleged software changes attributed to Gyanesh Kumar without the concurrence of Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi.
The petitioners have urged the Supreme Court to determine whether the CEC has been individually exercising powers legally belonging to the Election Commission as a whole and, if so, to declare such actions unauthorised and take appropriate legal action.
The plea has also sought suspension of Kumar from exercising the functions of Chief Election Commissioner pending the final hearing, arguing that such a step would preserve the “multi-member character of the Election Commission.”
It further sought directions that the Commission’s business during the period be conducted through the unanimous decisions of Sandhu and Joshi and that any resulting vacancy be filled on the recommendation of a committee including the Chief Justice of India.
The petitions come against the backdrop of a report claiming that the two Election Commissioners had objected on record at least 14 times over the past 10 months to decisions and orders concerning the ongoing Special Intensive Revision (SIR) of electoral rolls. The report alleged that some decisions were issued without their knowledge or recommendation.
The Election Commission has rejected suggestions of institutional discord, maintaining that differing views and observations are a normal part of deliberations and that all its orders carry full legal sanction and follow established statutory procedures.
During Monday’s hearing, the court also addressed the issue of a modified Form 6, stating: “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.”
The Supreme Court’s notice comes as questions continue to be raised over the functioning of the poll panel and the decision-making process within the multi-member constitutional body.
