GUWAHATI: The Supreme Court on Tuesday, September 29, agreed to hear next week a petition questioning the functioning of Chief Election Commissioner Gyanesh Kumar and challenging the nationwide Special Intensive Revision (SIR) of electoral rolls.
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The matter was mentioned before a Bench headed by Chief Justice of India Surya Kant by senior advocate Vikas Singh, along with advocates Sudeep Chandra and Mudit Gupta, appearing for petitioner Rakesh Kumar Singh.
The petition has sought a direction that Gyanesh Kumar should not exercise the functions of Chief Election Commissioner until the final hearing of the case.
Singh told the court that decisions of the Election Commission of India (ECI) are required to be taken unanimously or by majority. He argued that concerns had arisen over the manner in which the poll panel had functioned and said the issue would be serious if decisions were taken without the required consensus or majority.
The petition has also sought the complete records of decisions taken by the ECI from October last year onwards to examine the allegations. It has sought preservation of records, files and notings related to the decisions.
The plea further said that if the allegations are found to have a prima facie basis, the court could consider setting up a panel headed by a former Supreme Court judge or a Special Investigation Team (SIT) to investigate the matter.
The petition comes after a report that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised objections on at least 14 occasions over the previous 10 months concerning decisions and orders related to the SIR of electoral rolls. The report said the two commissioners had stated that some decisions were taken without their knowledge or recommendation.
The petition has questioned the authority under which the CEC allegedly acted unilaterally. It has referred to Article 324 of the Constitution, which provides for the functioning of the Election Commission, and Section 18 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which provides for the majority view to prevail in case of disagreement.
The plea has also sought a direction that the business of the ECI be conducted through the unanimous decision of the two Election Commissioners.
The Election Commission, however, has said that the letters sent by Sandhu and Joshi to the Cabinet Secretary related to an officer on deputation and were not connected with policy or IT division matters.
The Supreme Court is expected to take up the petition next week.
