The Supreme Court is scheduled to hear a batch of petitions seeking the suspension of Chief Election Commissioner Gyanesh Kumar and challenging decisions that petitioners allege were taken without the concurrence of the other two Election Commissioners.
The matter is listed before a bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana. The Supreme Court's official cause list confirms the bench for October 5.
Editorial Insight
Key Highlights
Important points readers should notice.
The Supreme Court is scheduled to hear the petitions on October 5.
The bench comprises CJI Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana.
The pleas seek suspension of CEC Gyanesh Kumar, among other reliefs.
Petitioners allege that certain decisions were taken without concurrence of the other Election Commissioners.
The petitions raise issues connected with the SIR electoral-roll revision exercise.
The Election Commission disputes the characterization of its decision-making.
The petitions have been filed by Patna resident Rakesh Kumar Singh and advocate Shailendra Mani Tripathi. Among other reliefs, the pleas seek directions concerning the functioning of the Election Commission and challenge decisions, guidelines and software changes that the petitioners allege were undertaken without the approval of the other Election Commissioners, Sukhbir Singh Sandhu and Vivek Joshi.
One of the petitions seeks suspension of the CEC pending final consideration of the matter. It also asks the court to examine whether certain powers of the multi-member Election Commission were exercised individually.
The petitions raise issues connected with the Special Intensive Revision of electoral rolls. One plea also challenges changes relating to Form 6, which is used for voter registration, and raises questions about the procedure followed for certain software modifications. These are claims made by the petitioners and remain subject to judicial consideration.
Editorial Analysis
Why This Matters
The Election Commission is a constitutional body responsible for supervising elections in India. Questions concerning its decision-making process therefore have wider institutional significance. The Supreme Court's proceedings could provide clarity on the legal questions raised by the petitioners and determine whether further judicial directions are required.
The Election Commission has rejected the characterization that its decisions were taken without the required institutional approval. The poll body has said that members can have individual views and observations during deliberations, while final decisions carry the Commission's legal sanction.
The scheduled hearing does not mean that the Supreme Court has accepted the allegations against the Chief Election Commissioner. The court is yet to consider the petitions and pass any order on the issues raised.
