New Delhi: A petition has been filed in the Supreme Court challenging decisions, directions and software changes allegedly made by Chief Election Commissioner Gyanesh Kumar without the consent of the other two election commissioners.
The petition, filed by advocate Shailendra Mani Tripathi through advocate Chand Qureshi, has sought that such decisions be declared unconstitutional and quashed. It also seeks criminal proceedings against the Chief Election Commissioner and other officials under provisions relating to dereliction of official duties.
The petitioner has argued that the steps allegedly taken without the consent of the two election commissioners violate the statutory requirement of collective decision-making. The plea further contends that in the absence of any statutory or constitutional protection, the CEC can be held directly accountable under the law and could be subject to police investigation, evidence collection and regular trial.
The petition was filed days after a report published by The Indian Express claimed that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised objections 14 times to decisions and orders related to the Special Intensive Revision (SIR).
Plea cites 2023 law
The petitioner has referred to provisions of the Chief Election Commissioner and Other Election Commissioners Act, 2023, particularly Section 18, which deals with the decision-making process of the Election Commission. The provision states that where there is a difference of opinion on any matter, the decision of the majority shall prevail.
The plea has also raised concerns over the extensive revision of electoral rolls in Goa and West Bengal. It seeks an impartial investigation into the allegations and directions for restoration of the names of 97 voters in Goa and others allegedly facing similar circumstances.
