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Congress Accuses Election Chief of Constitutional Betrayal After Court Notice
Congress says the chief election official acted improperly and broke constitutional rules.
It says some election decisions were made without the agreement or knowledge of the other commissioners.
A person who filed a court petition is asking the Supreme Court to examine those claims and temporarily stop the chief from doing his job.
The court has asked the Election Commission and the government to respond within a week.
It has not temporarily suspended the chief.
The judges said decisions should be made unanimously or by majority.
The Election Commission says disagreements are a normal part of its work and its orders are legally valid.
The court will consider the matter after hearing the responses.
Congress accused Chief Election Commissioner Gyanesh Kumar of violating the Constitution at the behest of Prime Minister Narendra Modi and Home Minister Amit Shah.
The Supreme Court issued notices to the Election Commission and the Centre, seeking replies within a week on a plea challenging how some commission decisions were made.
The plea alleges that the CEC exercised powers belonging to the Election Commission as a whole and asks the court to suspend him while the case is heard.
The court issued no interim order and said commission decisions should be unanimous or by majority.
Congress cited objections reportedly raised by two Election Commissioners over Special Intensive Revision decisions; the EC said differing views are normal and its orders follow legal procedures.
- Who
- Congress, Chief Election Commissioner Gyanesh Kumar, the Election Commission, the Centre, and the Supreme Court.
- What
- The Supreme Court issued notices on a petition challenging whether the CEC made decisions without approval from other Election Commissioners; Congress separately accused him of constitutional and legal violations.
- Where
- New Delhi, India.
- When
- The report is dated October 5; it says the court sought responses within a week.
- Why
- The petition asks whether the CEC exercised powers belonging to the Election Commission as a whole and seeks court action over the disputed decisions.
Congress and petitioner's claims
Election Commission's response
Authority over commission decisions
Congress and petitioner's claims
The petition asks the court to determine whether the CEC individually exercised powers belonging to the Election Commission as a whole, and to declare any such actions unauthorised.
Election Commission's response
The court said commission decisions should be unanimous or by majority and presumed that this was how decisions were taken; the EC said its orders carried legal sanction and followed statutory procedures.
Disagreements among commissioners
Congress and petitioner's claims
Congress cited reported objections by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi to decisions and orders on the electoral-roll revision.
Election Commission's response
The EC said differing views and observations are a normal part of deliberations in any institution.
Conduct of the CEC
Congress and petitioner's claims
Congress alleged that Gyanesh Kumar violated the law and Constitution, and said the court could help restore public confidence in the Election Commission.
Election Commission's response
The EC maintained that its orders were legally sanctioned and followed established procedures; the court had not issued an interim order.
Key facts
- Court action
- The Supreme Court issued notices to the Election Commission and the Centre.
- Response deadline
- The court sought responses within a week.
- Interim order
- The court did not issue an interim order.
- Bench
- Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana.
- Petitioner
- Rakesh Kumar Singh of Patna.
- Commissioners named in plea
- Sukhbir Singh Sandhu and Vivek Joshi.
- Reported objections
- The Indian Express reported that the two Election Commissioners objected on record at least 14 times over 10 months to certain Special Intensive Revision decisions and orders.
Quotes
Jairam Ramesh
Congress general secretary in-charge of communications
“In reality, the CEC has not only lied but also violated the law and betrayed the Constitution in letter and spirit at the behest of the PM and the HM.”
theprint.in
Sources
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