1 day ago
Supreme Court Seeks Responses Over Alleged Unilateral Election Decisions
Two people asked India’s Supreme Court to review decisions made by the Election Commission.
They said Chief Election Commissioner Gyanesh Kumar acted without properly involving the other commissioners.
Their petitions refer to a newspaper report about objections raised by two commissioners.
One petition also raises concerns about voter-list work in several places.
The lawyers asked the court to suspend Kumar or require unanimous decisions for now.
The judges refused to make those temporary orders before hearing the officials.
They did ask the officials to respond, and said they would examine the records.
If a decision was made neither unanimously nor by majority, the court said it could stop or invalidate it.
The next hearing is scheduled in two weeks.
The Supreme Court issued notices to the Centre and election officials over petitions alleging unilateral decisions by Chief Election Commissioner Gyanesh Kumar.
The petitions cite an Indian Express report that commissioners Sukhbir Singh Sandhu and Vivek Joshi raised 14 objections in 10 months.
One petition was filed by Patna resident Rakesh Kumar Singh; the reports say the bench was also hearing a petition by advocate Shailendra Tripathi.
The court declined to suspend Kumar or order unanimous decisions before hearing the respondents; the next hearing is in two weeks.
The bench said it would examine the records and could block or invalidate decisions found to have been made neither unanimously nor by majority.
- Who
- The Supreme Court of India; petitioners Rakesh Kumar Singh and Shailendra Tripathi; Chief Election Commissioner Gyanesh Kumar and other election officials.
- What
- The court issued notices on petitions alleging unilateral Election Commission decisions and seeking records and other relief.
- Where
- The Supreme Court of India; the petitions raise concerns about election-related decisions, including SIR work in Bengal, Bihar and Delhi.
- When
- Monday; the next hearing is scheduled in two weeks.
- Why
- The petitions allege that decisions were made contrary to the law requiring Election Commission decisions to be unanimous or, failing that, by majority.
Petitioners' position
Court's response
Alleged unilateral decisions
Petitioners' position
The petitioners allege that Kumar acted without the required participation of the other commissioners, citing reported objections and issues related to election decisions.
Court's response
The court said it would seek responses and examine the records before deciding whether any decisions violated the law.
Interim action
Petitioners' position
Counsel sought Kumar's suspension or an interim direction requiring unanimous decisions, arguing urgent measures were needed.
Court's response
The bench declined to issue those orders before hearing the respondents, but said it could block decisions found to have been made neither unanimously nor by majority.
Key facts
- Petitioners
- Rakesh Kumar Singh and advocate Shailendra Tripathi
- Chief Election Commissioner
- Gyanesh Kumar
- Other officials named
- Sukhbir Singh Sandhu, Vivek Joshi, Maneesh Garg and Seema Khanna
- Report cited
- An Indian Express investigation reported that Sandhu and Joshi raised 14 objections in 10 months
- Court's interim decision
- It declined to suspend Kumar or order unanimous decisions before hearing the respondents
- Next hearing
- In two weeks
- Court's stated approach
- It will examine records and may injunct or invalidate decisions found to have been made neither unanimously nor by majority
Quotes
Chief Justice Surya Kant
Chief Justice of India and presiding judge of the bench
“There is a mandatory law. We will accept that they follow it. And if ultimately we find there are instances it has not been followed, you know the (consequences).”
indianexpress.com
“Some interim orders have to be passed, otherwise the country will burn.”
telegraphindia.com
Justice Joymalya Bagchi
Supreme Court judge on the bench hearing the petitions.
“We have to issue notice. After notice, if they come and the reports show that the Election Commission decision was neither by majority nor by unanimity, they will have to explain those decisions.”
telegraphindia.com
“We will injunct those decisions…we will say these decisions are ultra vires…”
indianexpress.com
Sources
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