Play store
India’s Supreme Court on Monday sought a response from the Election Commission of India (ECI) over allegations that Chief Election Commissioner Gyanesh Kumar took certain decisions unilaterally, without the concurrence of the other two election commissioners.
A three-member bench headed by Chief Justice Surya Kant issued notice to the poll panel but did not pass any interim order against Kumar.
The court said it could not act solely on the basis of newspaper reports and wanted the Election Commission’s formal response before considering the allegations.
The petition alleges that the multi-member Election Commission is required to take decisions collectively, but that Kumar independently took several decisions, including those related to the Special Intensive Revision (SIR) of electoral rolls and changes to electoral technology.
The petitioners referred to an investigation by The Indian Express, which reported that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded objections at least 14 times over a 10-month period regarding decisions and orders concerning the voter-roll revision exercise.
The Election Commission, however, has said that differing views during the drafting or deliberation stage are a normal part of institutional decision-making and maintained that decisions taken over the past year were unanimous.
During Monday’s hearing, the Supreme Court observed that newspaper reports could be fully accurate, partly accurate or incorrect. It therefore said it would first examine certified records and the Election Commission’s response before deciding whether any further action was warranted.
The court also sought clarification on whether the disputed decisions were taken unanimously, by majority vote or solely by the CEC.
The case centres on the nationwide SIR exercise and allegations that certain directions, decisions and technological changes were introduced without following the Election Commission’s collective decision-making process. The Supreme Court has not, however, made any final finding against Kumar and will consider the matter further after receiving the poll panel’s response.