The Supreme Court is set to examine a series of petitions on Monday that call for the suspension of Chief Election Commissioner Gyanesh Kumar and challenge the decisions made by the Election Commission, which are reportedly without the approval of the other two commissioners. This legal inquiry will be conducted by a bench consisting of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana.

The petitions have been submitted by Rakesh Kumar Singh, a resident of Patna, and advocate Shailendra Mani Tripathi. They allege that vital decisions, guidelines, and software modifications have been enacted under Kumar’s authority, without the consensus of Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi.

These developments arise in light of concerns about the manner in which the Election Commission has operated, as the petitions suggest that significant decisions were made unilaterally rather than collectively, as required by law.

Plea Addresses Individual Exercise Of EC’s Powers

Singh’s public interest litigation raises a critical question regarding the legality of Kumar’s actions as they pertain to the individual exercise of powers that are constitutionally reserved for the Election Commission as a collective entity. The plea seeks the suspension of Kumar pending a comprehensive hearing of the case.

In light of this, the petition argues that such a suspension is crucial to maintaining the “multi-member character” of the Election Commission. Furthermore, it calls for the commission’s activities to be governed by unanimous decisions made by Sandhu and Joshi for the duration of Kumar’s suspension.

This legal action follows an Indian Express report alleging that Sandhu and Joshi had formally opposed decisions linked to the Special Intensive Revision (SIR) of electoral rolls at least 14 times in the past ten months. The objections raised indicate concerns over decisions made without their knowledge, prompting the current legal proceedings.

Plea Questions Form 6 Modifications

A petition filed by Tripathi, represented by advocate Chand Qureshi, accuses the Chief Election Commissioner of contravening the statutory requirement for collective decision-making within the Election Commission. It also requests that criminal proceedings be initiated against Kumar and other officials for alleged breaches of their official duties.

One pivotal issue brought forth is the modification of Form 6, which serves as the application for voter registration. The petition contends that new requirements regarding ancestral details and connections to prior electoral rolls were implemented via the commission’s software, without the necessary statutory amendments outlined in electoral regulations.

Moreover, the petition highlights that Sandhu and Joshi opposed these changes, asserting that altering the prescribed form contravened established legal procedures. Consequently, the plea seeks a declaration that all decisions, guidelines, directives, and software modifications enacted without unanimous consent are unconstitutional and void.

Issues Raised Over Electoral Roll Management

Additional claims within the petitions pertain to issues surrounding the electoral roll revisions in Goa and West Bengal. In Goa, it has been alleged that the software lacked the capability to restore a specific group of 97 eligible voters, despite instructions to verify their status.

In West Bengal, the petition claims that over 16.10 lakh appeals were filed in the name of the Election Commission concerning voters whose names had been reinstated by judicial authorities. The allegations state that both Sandhu and Joshi, along with the West Bengal chief electoral officer, were neither informed of nor permitted to authorise these appeals.

The Union Law Ministry, the Election Commission, Gyanesh Kumar, Sukhbir Singh Sandhu, Vivek Joshi, and senior electoral officials like Maneesh Garg have been named as respondents in the petitions.

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