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Supreme Court to Hear Plea Challenging Election Commission Decisions
The Supreme Court will look at a complaint about how India’s Election Commission makes decisions.
The complaint concerns decisions taken while Gyanesh Kumar was the Chief Election Commissioner.
The law is said to require the commission to decide unanimously or by majority.
A lawyer told the court that it was unclear whether this rule had been followed.
The issue involves three members of the Election Commission.
A report said two members objected at least 14 times to orders connected with checking and updating voter lists.
They reportedly said some orders were issued without their knowledge or recommendation.
The Election Commission gave a different explanation for their letters, saying they concerned an officer on deputation.
The court is expected to hear the petition next week.
The Supreme Court agreed to hear next week a petition questioning the Election Commission of India’s decision-making under Chief Election Commissioner Gyanesh Kumar.
The petition argues that the multi-member Election Commission must make decisions unanimously or by majority under the statutory scheme.
Senior advocate Vikas Singh told the bench that there was serious doubt about whether the panel’s decisions were unanimous.
The petition follows a report alleging that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi objected at least 14 times to Special Intensive Revision orders over 10 months.
The Election Commission said the commissioners’ letters concerned an officer on deputation, not policy or information technology matters.
- Who
- The Supreme Court, senior advocate Vikas Singh, Chief Election Commissioner Gyanesh Kumar, and Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi are central to the matter.
- What
- The Supreme Court agreed to hear a petition questioning whether Election Commission decisions followed the requirement of unanimity or majority approval.
- Where
- The matter was mentioned before a Supreme Court bench in India.
- When
- The matter was mentioned on Tuesday, and the petition will be heard next week.
- Why
- The petition raises doubts about whether decisions of the multi-member Election Commission were properly approved, particularly those related to the Special Intensive Revision of electoral rolls.
Petitioners’ Concerns
Election Commission’s Response
Validity of decision-making
Petitioners’ Concerns
The petition argues that there is serious doubt over whether the multi-member Election Commission’s decisions were unanimous or approved by majority as required by the statutory scheme.
Election Commission’s Response
The Election Commission has not accepted the characterization of the disputed communications as objections to policy or information technology decisions, saying they concerned an officer on deputation.
Orders involving voter-roll revision
Petitioners’ Concerns
The petition follows a report that Sukhbir Singh Sandhu and Vivek Joshi objected at least 14 times to Special Intensive Revision orders allegedly issued without their knowledge or recommendation.
Election Commission’s Response
The Election Commission said the letters cited in the report did not relate to policy matters or the information technology division.
Key facts
- Court
- Supreme Court of India
- Hearing
- The petition is scheduled to be heard next week.
- Bench
- Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana.
- Statutory issue
- The petition says Election Commission decisions must be unanimous or made by majority.
- Reported objections
- Two Election Commissioners allegedly objected at least 14 times over 10 months.
- Subject of objections
- Orders and decisions concerning the Special Intensive Revision of electoral rolls.
- Election Commission response
- It said the letters concerned an officer on deputation, rather than policy or information technology matters.
Quotes
Vikas Singh
Senior advocate who sought early listing of the petition
“The way the Election Commission is functioning, there is serious doubt over whether the decisions are unanimous.”
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Sources
SC to hear plea against ECI decisions taken under CEC Gyanesh Kumar
Supreme Court to hear plea questioning ECI orders amid objections from two poll panel members
Supreme Court agrees to early hearing of plea against poll panel functioning
Supreme Court to hear plea raising doubts over CEC Gyanesh Kumar’s decisions next week
SC To Hear Next Week Plea Against EC Decision-Making
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