1 hr ago
Supreme Court Reviews Election Commission Decisions Made Without Unanimity
Two petitions say the Election Commission made some decisions without agreement from both election commissioners.
The Supreme Court has asked the Election Commission and the central government to respond.
The court said it will check the decisions and cancel any that break the law.
But it did not order the chief election commissioner to stop making decisions for now.
One petitioner also asked the court to suspend him.
The judges said that suspending him could stop the Election Commission from working.
They asked who would then conduct elections.
The court also said the Election Commission must carry out its constitutional duties.
The Supreme Court issued notices to the Election Commission and the Centre on petitions alleging decisions were made without approval from both election commissioners.
The court said it would annul any decisions it finds contrary to law.
It declined to stop Chief Election Commissioner Gyanesh Kumar from making decisions while the petitions are pending.
A petitioner also sought Kumar's suspension, arguing that citizens felt unsafe about their voting rights.
The bench said suspending the CEC could stall the Election Commission and asked who would conduct elections.
- Who
- The Supreme Court, the Election Commission, the Centre, and petitioners Rakesh Kumar Singh and Shailendra Mani Tripathi.
- What
- The court issued notices on petitions alleging Election Commission decisions were made without approval from both election commissioners, and declined to issue an interim restraint on the CEC.
- Where
- New Delhi.
- When
- Why
- The petitions challenge decisions allegedly made without the required approval; the court said it would review them for legality.
Petitioners' concerns
Court's response
Decisions without unanimity
Petitioners' concerns
The petitions allege that the poll body made several decisions without approval from both election commissioners.
Court's response
The court said it would examine the decisions and annul any that are not in accordance with law.
Restraining or suspending the CEC
Petitioners' concerns
A petitioner sought to stop Gyanesh Kumar from taking further decisions and also sought his suspension, citing concerns about voting rights.
Court's response
The court refused interim restraint and said suspending the CEC could stall the Election Commission; it asked who would conduct elections.
Key facts
- Court action
- Notices issued to the Election Commission and the Centre.
- Petitioners
- Rakesh Kumar Singh and advocate Shailendra Mani Tripathi.
- Chief Election Commissioner
- Gyanesh Kumar.
- Interim request
- The court declined to restrain the CEC from taking decisions while the petition is pending.
- Possible remedy
- The court said it would annul decisions found not to be in accordance with law.
- Suspension request
- A petitioner sought the CEC's suspension; the bench said this could stall the Election Commission's functioning.
Quotes
Supreme Court bench
The bench hearing the petitions concerning Election Commission decisions.
“We will examine all the decisions. If any decision is not in accordance with the law, we will annul it. You know the power of the court.”
thehansindia.com
“Who will conduct the elections?”
thehansindia.com
Sources
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