The Supreme Court in a major development has agreed to hear next week a petition filed against Chief Election Commissioner Gyanesh Kumar.
The petition, filed by Rajesh Kumar Singh and represented by senior advocate Vikas Singh, alleged that the CEC took decisions unilaterally in the name of the Election Commission of India without the consent of the other two Election Commissioners.
“The purpose of having a multi-member Commission was that, and the statute says so, that it has to be a decision unanimously or by majority. Now, the way the Election Commission has functioned, there is serious doubt about whether there was a decision of the Election Commission for this entire exercise of special intensive revision. Because if the Commission has not taken a unanimous decision, then this… What the Court has also decided is on the basis that it is a Commission’s decision. So it is a serious issue,” Singh said.
Rajesh Kumar alleged “progressive centralisation of power”, absence and delays in agendas and minutes, changes to electoral roll processes, and the filing of appeals without the knowledge or approval of the two Election Commissioners.
The petition highlighted that under the Chief Election Commissioner and Other Election Commissioners Act, 2023, the business of the ECI shall be transacted unanimously where all three members of the poll panel must concur. If there is a difference of opinion, the matter shall be decided according to the opinion of the majority.
Asking the CEC to explain under what authority he has acted and continues to act as though he is individually entitled to exercise the collective decision-making power vested by Article 324 of the Constitution in the Election Commission as a body, the plea has sought a writ of quo warranto.
It has further sought a declaration that the SIR and all actions, decisions, directions and consequential measures taken in regard to the SIR be declared void ab initio and without lawful authority.
The ECI comprises the Chief Election Commissioner (CEC) and two Election Commissioners. Currently, Gyanesh Kumar serves as the Chief Election Commissioner, while Sukhbir Singh Sandhu and Naveen Joshi are the two Election Commissioners.
Whenever there is no unanimity among the three, the decision is arrived at based on the majority. However, as per reports, the ECI took various decisions in regard to the SIR despite objections from the two Election Commissioners.