The Congress on Monday accused Chief Election Commissioner Gyanesh Kumar of “betraying” the Constitution at the behest of Prime Minister Narendra Modi and Union Home Minister Amit Shah, after the Supreme Court sought responses from the Election Commission and the Centre on a plea challenging the manner in which the poll panel takes decisions.
Congress general secretary in-charge, communications, Jairam Ramesh, said the Supreme Court has an opportunity to restore public confidence in the Election Commission amid concerns over its functioning and the ongoing Special Intensive Revision (SIR) of electoral rolls.
The Supreme Court on Monday issued notice to the Election Commission and the Centre and sought their responses within a week on the plea, which alleges that the CEC took decisions without the approval of the two other Election Commissioners.
Ramesh said the petition before the court also sought the suspension of the CEC. He cited allegations of an “ad-hoc, illegal and slip-shod” SIR process, criticism by serving and retired judges, and “vast and indiscriminate” deletions from electoral rolls without adequate due process.
“The Supreme Court has a remarkable opportunity to restore public confidence in an institution vital to the integrity of our republic,” Ramesh said in a post on X.
He noted that the court had so far only sought a response and had not passed any interim order.
Ramesh said the Supreme Court had historically relied on the Election Commission and its chief election commissioners to provide a fair account of its functioning, but claimed that such institutional trust was built over decades of “propriety and competent conduct”.
“None of that goodwill can be claimed by Gyanesh Kumar,” he said, alleging that the CEC had “lied”, violated the law and “betrayed the Constitution in letter and spirit at the behest of the PM and the HM”.
Ramesh also targeted the Election Commission over the modification of Form 6, alleging that the change had been projected as having the Supreme Court’s approval.
The Supreme Court bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana took note of submissions by senior advocate Vikas Singh and issued the notice.
The bench observed that decisions of the Election Commission have to be taken either unanimously or by majority and said it presumed that this was the manner in which all decisions had been taken.
The PIL, filed by Patna resident Rakesh Kumar Singh, seeks a determination on whether the CEC individually exercised powers vested in the Election Commission as a whole. It seeks to have such actions declared unauthorised and appropriate legal action taken.
The plea also seeks that Kumar be barred from exercising the functions of CEC pending final adjudication and that the Commission's business during that period be conducted through unanimous decisions of Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi.
The petition comes days after reports that Sandhu and Joshi had raised objections on record at least 14 times over the past 10 months to decisions and orders concerning the SIR, alleging they were issued without their knowledge or recommendation.
The Election Commission has rejected the criticism, saying differing views and observations are a normal part of deliberations and asserting that all its orders carry legal sanction and comply with established statutory procedures.
(With inputs from PTI)