New Delhi, Sept. 25 -- A plea has been filed in the Supreme Court challenging decisions, guidelines and software changes allegedly made by Chief Election Commissioner Gyanesh Kumar without the concurrence of the two Election Commissioners, saying such actions violate the statutory requirement of collective decision-making. 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.
Besides challenging the decisions allegedly taken without the required concurrence, 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 registration as voters. The petition alleged that a requirement relating to ancestral details and linkage with the previous SIR was introduced through the election panel's 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 CEC 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. The petition says the two Election Commissioners had objected to the change and had taken the view that the prescribed form could not be altered without following the statutory procedure.
It also alleged that the Election Commission's digital systems were increasingly centralised, restricting the statutory powers of Electoral Registration Officers and other officials at the field level. The plea further raises concerns over the handling of electoral roll revisions in Goa and West Bengal. It alleged that the software did not have a facility to restore 97 eligible electors in Goa despite directions for their verification. 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 had been restored by judicial officers. It alleged that the other two Election Commissioners and the West Bengal chief electoral officer were not aware 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 order was objected to by the two Election Commissioners, who subsequently sought its withdrawal and questioned its validity under Section 18 of the 2023 Act. The petitioner has argued that the CEC is the "first among equals" in the multi-member EC and does not have a superior voting power or veto over the other commissioners.
The plea seeks preservation of server logs, databases, communications and metadata relating to the EC's electoral-roll management systems from October 1, 2025, onwards. It also seeks an independent judicial inquiry into the allegations and a direction for restoration of the 97 voters in Goa and similarly placed persons.
Published by HT Digital Content Services with permission from Millennium Post.