EC faces three setbacks in one day

With plea in SC, Congress protests and postponement of CEC’s UP programme

Amid the raging controversy surrounding the Election Commission, three developments marked Friday.

A plea was filed in the Supreme Court challenging decisions, guidelines, and software changes allegedly made by Chief Election Commissioner (CEC) Gyanesh Kumar without the concurrence of the two Election Commissioners, saying such actions violate the statutory requirement of collective decision-making. Congress held nationwide protests demanding his removal. The Election Commission postponed the CEC’s outreach programme in UP, leading to speculation. The poll-body, however, said logistical issues were the reason.

Besides challenging the decisions allegedly taken without the required concurrence, the plea filed by advocate Shailendra Mani Tripathi through advocate Chand Qureshi sought a direction declaring such decisions unconstitutional, beyond the powers of the CEC and void if they were taken without the full Election Commission’s concurrence or contrary to the majority view of the poll panel. The petitioner has sought initiation of criminal proceedings against the CEC and other officials under provisions relating to breach of official duty.

“Divested of any statutory or constitutional immunity, the Chief Election Commissioner remains directly accountable under the law — subject to police investigation, evidence gathering, and regular trial proceedings as an ordinary accused,” the plea read.

The plea was filed days after a report revealed that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded written objections to several decisions allegedly taken in the name of the three-member Election Commission (EC).

The petitioner has relied on the provisions of the Chief Election Commissioner and Other Election Commissioners Act, 2023, particularly Section 18, which provides for decision-making by the EC and says that where there is a difference of opinion, the view of the majority prevails. The plea alleged that several decisions connected with the Special Intensive Revision (SIR) of electoral rolls were taken or implemented despite objections from the other two commissioners.

One of the main issues raised is the alteration of Form 6, used by people seeking voter registration. The petition alleged that the election panel introduced a requirement for ancestral details and linkage with the previous SIR through its software, without the statutory amendment required under the electoral rules. “Issue a writ of mandamus or any other appropriate writ, order, or direction declaring all decisions, guidelines, directives, and software modifications initiated, approved, or implemented under Gyanesh Kumar without full commission concurrence or contrary to the majority opinion of the Election Commissioners as unconstitutional, ultra vires, and void ab initio,” the plea said.

In West Bengal, the petitioner claimed that more than 16.10 lakh appeals were filed in the name of the EC against voters whose names judicial officers had restored. It alleged that the other two Election Commissioners and the West Bengal chief electoral officer were unaware of, or had not authorised, these appeals. The petition also challenges a July 28 order concerning the allocation of administrative responsibility for the EC’s IT division. According to the plea, the two Election Commissioners objected to the order, then sought its withdrawal and questioned its validity under Section 18 of the 2023 Act.

Upping the ante against the poll body chief, the Congress held protests in Delhi, Bihar, Assam, Punjab, Arunachal Pradesh, Manipur, Uttar Pradesh and West Bengal, demanding the resignation of Kumar. The Congress has accused the Election Commission of carrying out an “unprecedented attack” on voter equality by allegedly creating a specific ‘Mark VIP’ feature in the BLO Application and urged CEC Gyanesh Kumar to turn “approver” or face trial. The Opposition party asserted that Prime Minister Narendra Modi, Home Minister Amit Shah and Kumar will not be spared for their “misdeeds”. It has also put up posters calling for Kumar’s removal. The Congress also put up “Gyanesh Hatao, Chunav Aayog Bachao” (Remove Gyanesh, Save Election Commission) posters.

The poll body has postponed two youth-focused voter awareness programmes in Uttar Pradesh that Gyanesh Kumar was scheduled to address, officials said on Friday. The first programme, a regional conference on Electoral Literacy Clubs (ELCs), was scheduled in Meerut, while the second, an interaction with young voters, was to be held in Varanasi on September 28. The poll-body, however, said logistical issues were the reason. According to the officials, there have been many occasions when the electoral literacy conferences had been postponed/dates changed earlier also, such as in HP, Ladakh, and Uttarakhand. “Moreover, the decision to postpone these two particular conferences was taken on September 21,” they added.