The Supreme Court has agreed to list next week a petition seeking the suspension of Chief Election Commissioner Gyanesh Kumar and challenging the alleged unilateral exercise of powers within the Election Commission of India (ECI).
The matter was mentioned before a bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V. Mohana. Senior advocate Vikas Singh sought an urgent hearing, citing concerns about whether decisions within the poll panel were being taken collectively. The court agreed to list the matter but did not specify an exact hearing date.
Plea Challenges ECI Decision-Making
The petition was filed by Rakesh Kumar Singh, who has asked the Supreme Court to examine whether Gyanesh Kumar has been performing his constitutional duties in accordance with the framework governing the multi-member Election Commission.
The plea alleges that certain decisions were taken without the involvement or approval of the other two Election Commissioners, Sukhbir Singh Sandhu and Vivek Joshi. It seeks an interim order preventing Gyanesh Kumar from functioning as CEC while the case is pending.
The petition also asks the court to clarify that powers vested in the Election Commission should be exercised collectively rather than unilaterally by the Chief Election Commissioner.
Allegations Over Electoral Roll Revision
The petition also raises issues related to the Special Intensive Revision (SIR) of electoral rolls. It refers to reported objections raised by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi regarding certain decisions and procedures.
According to reporting cited in the case, the two commissioners had raised multiple written objections over the functioning and decision-making process within the poll panel. The Election Commission, however, has maintained that its decisions were taken according to the applicable process and that differences during internal deliberations do not indicate institutional dysfunction.
Second Petition Against Gyanesh Kumar
The latest plea is not the only petition seeking judicial intervention over the functioning of the CEC. Another petition filed by advocate Shailendra Mani Tripathi has also raised allegations concerning the Election Commission’s functioning, including claims relating to electoral-roll procedures, Form 6 and decision-making authority.
These allegations remain matters before the court and have not been judicially established.
5 Key Takeaways
- The Supreme Court has agreed to list the plea against CEC Gyanesh Kumar next week.
- The petition seeks his suspension while the case is pending.
- It alleges that some ECI decisions were taken without the approval of the other commissioners.
- The plea also challenges aspects of the Special Intensive Revision of electoral rolls.
- The Election Commission has maintained that its decisions followed the applicable process.
