SC Refuses Interim Suspension of CEC Gyanesh Kumar

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NEW DELHI | October 5: 

The Supreme Court on Monday refused to pass an interim order seeking the suspension of Chief Election Commissioner (CEC) Gyanesh Kumar over allegations that he took certain decisions without the concurrence of the other two Election Commissioners. 

A bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V. Mohana issued notices to the Centre, the Election Commission of India (ECI), Gyanesh Kumar and the other concerned officials. 

The petitions allege that several decisions linked to the Special Intensive Revision (SIR) of electoral rolls were taken in the name of the ECI despite objections from Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi.

According to the petition, the two Election Commissioners had allegedly recorded objections on multiple occasions against decisions taken without their approval. 

The allegations include changes to electoral-roll procedures and other decisions concerning the SIR exercise. 

The petitioners sought an interim order either suspending Gyanesh Kumar or restricting his powers as CEC, arguing that the alleged unilateral functioning could affect the electoral process and voting rights.

The Supreme Court, however, said it needed authenticated information and the responses of the concerned authorities before taking any such step. 

The Court made it clear that it could not pass an order solely on the basis of newspaper reports. 

The bench indicated that if the records establish that any ECI decision was taken neither unanimously nor by the required majority, the concerned authorities would have to explain how the decision was made.

The Court also said that if any decision is ultimately found to have been taken contrary to law, it could consider restraining its implementation or annulling the decision. 

The hearing also touched upon allegations concerning changes to Form 6, which is used for registering new voters. 

CJI Surya Kant said the Court had not approved any modified Form 6 and that the records would be examined to determine who authorised the changes. 

The Supreme Court has therefore not suspended Gyanesh Kumar or removed any of his powers at this stage. 

The matter will proceed after the Centre, ECI and other respondents submit their responses to the allegations. 

Location: New Delhi, Delhi, India

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