SC declines to suspend CEC Gyanesh Kumar, seeks response on poll body decisions
Supreme Court Seeks Election Commission Reply in Challenge to CEC Gyanesh Kumar’s Decisions
Theindiapostdaily.com – The Supreme Court has declined to issue an immediate order stopping Chief Election Commissioner Gyanesh Kumar from carrying out his duties, choosing instead to first examine the record and obtain a response from the Election Commission of India.
A three-judge bench led by Chief Justice Surya Kant, with Justices Joymalya Bagchi and V. Mohana, issued notice in petitions that question decisions attributed to the Election Commission and raise concerns about the legal framework governing the poll body. The judges indicated that any request for interim protection would be considered only after the relevant material and the Commission’s response are before the court.
The case is scheduled to come up again next week. A detailed copy of the court’s order is still awaited.
Request to restrain the Chief Election Commissioner
Senior advocate Vikas Singh, appearing for petitioner Rakesh Singh, urged the court to prevent Kumar from functioning as Chief Election Commissioner while the case is pending. He argued that allowing Kumar to remain in office could affect confidence in the electoral process.
“Some interim order will be required, otherwise this will go on… otherwise this country will burn,” Singh submitted.
The bench did not accept the request for immediate restraint. Instead, it said it would assess whether the statutory procedure had been followed and review the documents placed before it before deciding whether any temporary direction is warranted.
The court’s approach means that Kumar continues as CEC for now, while the legal challenge moves into its next stage. The proceedings do not amount to a ruling on the allegations, and the Election Commission will have an opportunity to place its position before the court.
Questions over decisions without majority concurrence
A connected petition, argued by senior lawyer Meneka Guruswamy, raises concerns over citizen voting rights and alleges bias on the part of the Chief Election Commissioner. That plea was filed by Shailendra Mani Tripathi.
Tripathi has sought directions declaring invalid decisions taken by Gyanesh Kumar without the agreement of a majority of Election Commissioners. The petitions focus particularly on allegations that several decisions connected with the Special Intensive Revision, or SIR, process were made unilaterally by the CEC.
The court has combined the matters and asked the Election Commission of India to respond. The central issue is not simply whether particular administrative steps were valid, but also whether they were adopted through the decision-making process required for a multi-member constitutional body.
The Election Commission’s work has a direct bearing on voter registration, the preparation and revision of electoral rolls, and the conduct of elections. Challenges involving its internal decision-making therefore carry wider significance: courts must weigh the need for institutional accountability against the need to avoid disrupting election administration without sufficient legal basis.
Form 6 issue draws judicial attention
During the hearing, the bench also addressed the modified Form 6 used to seek inclusion of a person’s name in an electoral roll during the SIR process. Form 6 is an important voter-registration document, as it enables eligible individuals to apply for entry in the electoral list.
The court stated that it had not approved any modified Form 6. This observation came after the Election Commission maintained that a new declaration associated with online filing of Form 6 in the ongoing SIR exercise in certain states had received approval from the apex court.
“Any modified Form 6 has not been approved by us. Let's be clear. When the record is produced, we would like to see who has modified,” the bench observed.
The exchange places the altered form and the related declaration under closer scrutiny. The court has signalled that it wants to inspect the underlying record, including the origin of any modification and the legal basis on which it was introduced.
For voters, the point is significant because forms used in electoral-roll revision can affect how applications are made, what declarations are sought, and how registration procedures are understood. The court has not yet ruled that the form or declaration is unlawful. Its observation indicates that the matter requires clarification through official records and a formal response from the Election Commission.
What the court will examine next
The petitions followed claims that 14 important Election Commission decisions received approval only from the Chief Election Commissioner, despite objections from the other two Election Commissioners. The precise status of those decisions, the nature of the objections, and the applicable legal requirements are likely to be examined as the case proceeds.
The Supreme Court will first consider the Election Commission’s reply and the documents sought by the bench. It may then determine whether any interim directions are necessary while the larger challenge continues. Such directions could concern the contested procedures, but no immediate suspension or restraint has been ordered at this stage.
Queries sent to the Election Commission seeking its response had not received an answer by press time.
The coming hearing will be closely watched because it concerns both the authority of the Chief Election Commissioner and the collective functioning of the Election Commission. At issue is whether the disputed actions complied with the governing statutory scheme and whether electoral-roll processes, including those involving Form 6 during SIR, were handled through a legally valid decision-making process.
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