Suspend CEC, probe government role in his actions: Kapil Sibal

New Delhi, Sep 23 (PTI) Chief Election Commissioner Gyanesh Kumar should be suspended immediately, Rajya Sabha MP Kapil Sibal demanded on Wednesday after a media report stated that the two election commissioners had questioned the poll panel's steps on the SIR 14 times in 10 months.

Demanding the filing of an FIR to probe who is behind the CEC's actions, Sibal also said that all the work on finalising the voters list should be stopped and the Supreme Court should think about resorting to the extraordinary power of holding fresh elections.

"If this does not happen, I request all political parties to peacefully start agitating throughout the country," the former Union minister said at a press conference here.

His remarks came after The Indian Express revealed that questions were raised on issues related to the Special Intensive Revision of electoral rolls within the three-member Election Commission (EC) itself, time and again by two of the three election commissioners, Sukhbir Singh Sandhu and Vivek Joshi.

The national rollout of the SIR has been under the supervision of all three commissioners. But Sandhu and Joshi formally objected, on record, at least 14 times over the last 10 months -- four times on a single day -- to decisions taken and orders issued that they say were without their knowledge, according to the report.

Sibal told reporters that Gyanesh Kumar has destroyed the responsibility that has been put on the EC by the Constitution.

Originally there was only one election commissioner, he pointed out. But then through an amendment, three election commissioners were to decide matters in respect of elections under Article 324 of the Constitution; decisions of the Election Commission were to take place by majority.

"And now what has been revealed is that most of the decisions after June 25 2025 were not taken by majority, and that despite the objections of two of the three election commissioners, namely Mr Joshi and Mr Sandhu, the chief election commissioner was doing as he pleased without reference to the other two members, which is against the rules of the Election Commission itself," Sibal said.

Many of those decisions ultimately resulted in manipulating the election process, which can be attributed to the action of the chief election commissioner, he claimed.

"Now three, four things broadly which I must through you inform the people of this country... Validity of decisions: If the decisions are not taken by the majority of the Election Commission, then it's not a decision of the Commission. So, therefore, all decisions taken by the Commission so far without reference to the majority of the Commission must be declared to be null and void," he demanded.

Sibal also raised the issue of centralisation of ERO (electoral registration officer) Access.

"The ERO, who is the SDM and who holds access to the voters list and decides as to whose name is to be deleted and whose name is to be added, that access is given under the rules to the ERO.

"That power was taken away despite the objection of the two commissioners. That was being centralised and controlled by an officer sitting in Delhi. Under the centralised system, that officer or the Election Commission under the control of Gyanesh Kumar -- not the control of the Commission -- would delete names at their will and add names at their will," Sibal said, citing the media report.

The responsibility of the SDM over the ERO was taken away, which means that the whole system could be manipulated, he said.

"Why it was manipulated is quite clear: because they wanted the BJP to win the election," Sibal alleged.

He added that Form 6 was amended without an amendment of the Representation of the People Act.

"That has to be brought to Parliament through the government; that was not done. In Form 6, the new voter had to tell whether his parents are alive, grandparents are alive, and give details about them. And many people who were given notices whose names were sought to be deleted were required to file Form 6, in which you have to make a statement on affidavit that 'I have never voted before'. In other words, you are forced to tell a lie," Sibal said.

All this was objected to, and Gyanesh Kumar just didn't bother about what the majority of the Election Commissioners would say, he said.

"This man, Gyanesh Kumar, should be suspended forthwith. All the work of finalising the voters list should be stopped. There should be an investigation, an FIR, and whoever in government (behind his actions) is responsible should be prosecuted," the lawyer and MP said.

EC sources maintain that all its decisions, including those concerning the SIR, had been unanimous despite differences and had the approval of all three commissioners.