Supreme Court to hear plea questioning decision-making in ECI led by Gyanesh Kumar

The Supreme Court on Tuesday, September 29, agreed to hear next week a petition raising questions over the manner in which decisions have been taken by the Election Commission of India (ECI) under Chief Election Commissioner Gyanesh Kumar.

The matter was mentioned before a Bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana.

Senior advocate Vikas Singh, who mentioned the petition, submitted that under the statutory framework governing the multi-member Election Commission, decisions are required to be taken either unanimously or by majority.

“The way the Election Commission is functioning, there is serious doubt over whether the decisions are unanimous,” Singh told the Bench.

The petition comes amid questions over the functioning of the three-member poll panel. The ECI currently comprises Chief Election Commissioner Gyanesh Kumar and Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi, according to the poll panel's official directory.

The plea follows a report by an English daily that said Sandhu and Joshi had recorded objections on at least 14 occasions over a 10-month period to decisions and orders concerning the Special Intensive Revision (SIR) of electoral rolls. The report said the two Election Commissioners had raised concerns that certain decisions were issued without their knowledge or recommendation.

A separate petition filed in the Supreme Court has also sought an inquiry into decisions allegedly taken without the concurrence of the full Commission.

The Election Commission, however, has rejected the interpretation of the letters cited in the reports. In a statement, it said the communications sent by Sandhu and Joshi to the Cabinet Secretary concerned an officer on deputation and did not relate to policy or information technology division matters.

The Supreme Court is expected to take up the petition next week.