The Supreme Court is set to hear next week a petition seeking action against Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the functioning of the Election Commission and the Special Intensive Revision (SIR) of electoral rolls.
Filed by Rakesh Kumar Singh, the petition seeks criminal prosecution of Gyanesh Kumar, an SIT probe into the alleged deletion of around 13 crore names from electoral rolls during the SIR process, and a declaration that the SIR exercise and related decisions, directions and actions are invalid from the beginning.
The case comes amid questions over the Election Commission's decision-making and reported differences among its members
Reports have said election commissioners Sukhbir Singh Sandhu and Vivek Joshi raised objections on at least 14 occasions over decisions linked to electoral rolls and the SIR process.
The Election Commission has maintained that differing views are part of its deliberative process and that its final decisions were unanimous.
The poll body has also announced administrative measures under which meetings will be held and minuted and agendas will be circulated.
Senior Supreme Court advocate Sanjay Hegde questioned whether those measures would be enough to address decisions that have already been taken.
He said that if earlier decisions come before the courts, questions could arise over what material supports those decisions and whether they would now need to be ratified.
“The point is that things have not been going by the rule book,” Hegde said in an interview with CNBC-TV18.
What does Hegde say about the alleged 13 crore deletions?
Hegde said the reported figure was significant because it could mean that people who continue to exist and have the right to vote have been pushed out of the electoral process.
He said the issue should be addressed separately from questions about the process followed by the Election Commission.
“They must be restored to the voting list as soon as possible,” Hegde said.
His comments come as the petition asks the Supreme Court to examine the alleged deletions and order an investigation into the matter.
What does the former ECI official suggest?
Mohd Amin, former Joint Director at the Election Commission, said the poll body should directly address concerns about its functioning rather than rely only on a press release.
Amin suggested that the Election Commission hold a press conference and allow journalists to ask questions about the reported differences within the commission and its functioning.
“It is better they can go to the public for a press conference and address the public, and they give the cross-questions of the press also,” Amin said.
Amin also said the Chief Election Commissioner does not have a veto and that decisions can be taken by the full commission.
What other issues has Hegde raised?
The controversy has also prompted Hegde to question the process for selecting election commissioners.
He said the selection committee should operate by consensus and argued that a candidate should not be appointed if there is no consensus.
“If there is no consensus on a candidate, that candidate should not be appointed,” Hegde said.
He linked the issue to the Election Commission's responsibility for conducting free and fair elections, saying those overseeing the process must not be seen as favouring one side.
Hegde also called for Kumar's resignation and questioned the legal immunity available to the CEC and election commissioners under the 2023 law.
He said the question of immunity from criminal prosecution would have to be considered by the courts.
What happens next?
The Supreme Court is scheduled to hear the petition next week. The hearing will take up the challenge brought by the petitioner over the alleged deletions, the SIR exercise and the functioning of the Election Commission.
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