New Delhi, Sept. 25 -- As the controversy and political upheaval rages over the administration and decision-making process at the Election Commission, a petition has been filed before the Supreme Court against Chief Election Commissioner (CEC) Gyanesh Kumar.
The Public Interest Litigation (PIL) has been filed based on media reports regarding important decisions of the commission.
The petition alleges that several decisions related to the electoral process were taken without the concurrence of the other two Election Commissioners, saying such actions violate the statutory requirement of collective decision-making.
The PIL, filed by advocate Shailendra Mani Tripathi, also seeks a declaration that decisions, guidelines and software modifications allegedly undertaken by CEC Gyanesh Kumar without the concurrence of the other two Election Commissioners are unconstitutional and void. The petitioner has relied on the provisions of the CEC Chief 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.
In the ruling dispensation of BJP-led NDA, three allies like Union Minister Chirag Paswan and Rashtriya Lok Morcha chief Upendra Kushwaha on Friday said the poll body must address public concerns over the electoral process and CEC Kumar should come out clean with a clarification. Telugu Desam Party's (TDP) Lok Sabha floor leader Lavu Srikrishna Devarayalu said transparency would help strengthen confidence in the constitutional institution.
"Let me make it clear that as part of the government, I do not intend to defend what is a constitutional body. I am also not much worried about the allegations made by the opposition, which will always take a stand that suits it politically," Paswan who heads Lok Janshakti Party, told reporters.
"If people start losing trust in the electoral system, that will not augur well for democracy and, therefore, I think the Election Commission must come out with its clarification more forcefully. It must dispel misgivings in the minds of the people," he said.
The main opposition party Congress staged protests by attempting to march towards state election commission offices in various parts of the country, demanding CEC Kumar's immediate arrest, removal from office, and an independent review of all decisions and electoral roll changes made under him.
Grabbing the issue relating to the functioning of the EC, the Congress also 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 Kumar to either turn "approver" or face trial.
The PIL further seeks to have all those decisions declared illegal and demands the reinstatement of the original 'Form 6'. The petition also demands an investigation by a Special Investigation Team (SIT) into how the names of 13 crore voters were removed from the electoral rolls during the ongoing Special Intensive Revision (SIR).
The petition also seeks the prosecution of CEC Kumar, Senior Deputy Election Commissioner Maneesh Garg, and Director General (IT) Seema Khanna for alleged dereliction of duty under the Representation of the People (RP) Act.
The PIL was filed days after The Indian Express reported that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded objections on at least 14 occasions over decisions and orders concerning SIR, including changes to Form 6 and the management of electoral-roll data. The report said the objections related to decisions allegedly taken without their knowledge or against their recommendations.
The petition 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 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.
Meanwhile, Chief Election Commissioner Gyanesh Kumar has postponed his visits to Uttar Pradesh to attend conferences of electoral literacy clubs, with officials saying rescheduling of dates is a routine exercise.
The officials noted that similar conferences in Ladakh, Himachal Pradesh and Uttarakhand were also postponed in the recent past.
Published by HT Digital Content Services with permission from Millennium Post.