“We expect them to respond in a clear, transparent manner,” said Justice Bakshi of the Supreme Court while issuing notice to the Election Commission of India (ECI), CEC Ganesh Kumar and two other Election Commissioners while hearing the pleas.
The court was hearing petitions questioning the functioning of the Election Commission, seeking an SIT probe against the CEC and challenging the nationwide Special Intensive Revision (SIR) of electoral rolls.
A bench headed by CJI Surya Kant, comprising Justices Joymalya Bagchi and V Mohana, heard the matter on Monday.
The petition was filed after a media house reported that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded objections at least 14 times over the past 10 months to decisions and orders concerning the SIR of electoral rolls.
The two commissioners said some of the decisions were issued without their acknowledgement or recommendation.
The two ECs separately wrote to the country’s top bureaucrat, Cabinet Secretary T. V. Somanathan, flagging concerns over the integrity of the voter software.
The ECI confirmed that the letters sent by Sandhu and Joshi to the Cabinet Secretary concerned an officer on deputation and were not related to policy or IT division matters.
During the hearing, while seeking an interim order to suspend CEC Ganesh Kumar, Vikas Singh, representing the petitioner, said, “The country will burn.”
Challenging the bench comprising Justices Joymalya Bagchi and Surya Kant, Vikas Singh referred to provisions of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
“A Prime Minister doesn’t have this protection…. I am wanting an interim order to suspend CEC immediately. I’ll tell your Lordship why. Because what is happening today, there are elections happening. It’ll have to be done or divest him of the authority to act as CEC,” Singh said.
When questioned about who would conduct the elections, Singh replied, “The two CECs will do it… In the interim, restore the Barnawal position and your Lordship will be the member of the selection committee.”
“We are dealing with a very grave situation today. A grave situation which can undermine the very basis of our democracy. Today, our democracy is vibrant and known all over the world because of the way we are able to conduct our elections. Now, this election has been conducted for 76 years, with this Election Commission having a certain amount of respect, as far as his personal involvement in the electoral process has never been questioned,” Singh said.
“Please appreciate, my Lord. His one decision here or one decision there may be questioned. But today, we are having a situation where the very CEC, as a constitutional body, is acting in a manner which is completely contrary to the statute under which he’s appointed,” he added.
A petition filed by Rakesh Kumar Singh, alleged differences between CEC Kumar and Sandhu and Joshi, and referred to the objections they had raised.
“Article 324(1) of the Constitution does not vest the superintendence, direction and control of elections in an individual Chief Election Commissioner. It vests those powers in a Commission,” the plea said.
Singh pointed out that Article 324(2) provides that the Election Commission comprises the Chief Election Commissioner and such number of other Election Commissioners as the President may determine from time to time.
Article 324(3) further stipulates that, when other Election Commissioners are appointed, the Chief Election Commissioner shall serve as the Commission’s Chairman.