New Delhi: Hearing petitions against Chief Election Commissioner Gyanesh Kumar, the Supreme Court on Monday ordered that notices be issued to the Central government and the Election Commission to respond to the petition.
The Supreme Court, which refused to suspend the Chief Election Commissioner, also said it was prepared to examine all decisions taken by the Election Commission.
The Supreme Court on Monday said it had not approved the changes made to Form 6 used by the Election Commission to add names to the voter list during the Special Intensive Revision (SIR) exercise in various states.
Moreover, the Supreme Court issued notices to the Election Commission and the Central government to respond to the petitions filed in this matter.
Under the SIR procedure, Form 6 was amended last July so that new voters applying online to be included in the voters’ list could submit their parents’ SIR details. However, an English newspaper reported last month that Election Commissioners Vivek Joshi and Sukhbir Singh Sandhu had objected, saying, “This change, made merely on the basis of an instruction without amending the Voter Registration Rules of 1960, is illegal and unauthorized.”
It was reported that the election commissioners had registered objections regarding the mass deletion of voters’ names, the changes made in Form 6 for new voter registration, and restrictions on centralizing the voter database, and that they had formally objected 14 times over the past 10 months, saying decisions were taken without their knowledge or without their recommendation.
Following the issue causing a major stir in political circles, opposition parties including the Congress have been urging Gyanesh Kumar to resign. The opposition is also considering bringing an impeachment motion against Gyanesh Kumar.
Meanwhile, the Election Commission clarified that all decisions, including the SIR, were taken unanimously.
In this situation, Shailendra Mani Tripathi and Rakesh Kumar Singh filed public interest petitions in the Supreme Court, accusing Gyanesh Kumar of taking various decisions without the approval of the election commissioners and without a majority.
A bench comprising Chief Justice of India Surya Kant and Justices Jaymalya Bagchi and V. Mohana heard these petitions on Monday.
Senior advocate Menaka Guruswamy appeared for Shailendra Mani Tripathi. Senior advocate Vikas Singh appeared for Rakesh Kumar Singh.
Arguing before the bench of judges, Vikas Singh said, “An interim stay should be imposed on Gyanesh Kumar from taking decisions regarding election procedures. Gyanesh Kumar, who has sown a sense of insecurity among citizens regarding voting rights, should be suspended from office. From now on, all decisions should be taken by the Election Commission either by majority or unanimously.”
Did not approve: After arguments on the public interest petitions, the bench of judges said, “We do not approve the changes made in Form 6 related to SIR. We want to make this clear. After the Election Commission submits documents regarding these changes, it will be known who made these changes,” it said.
Following this, the Supreme Court issued notices to the Election Commission and the Central government to respond to the public interest petitions.
Earlier, the Election Commission had stated in a press release issued on September 26 that Form 6 had been approved by the Supreme Court.
Refusal to Suspend Gyanesh Kumar
The Supreme Court said on Monday that it cannot issue an order to suspend Chief Election Commissioner Gyanesh Kumar.
In this regard, the Supreme Court judges said, “We are ready to examine all decisions taken by the Election Commission. If any decisions were taken unanimously or without a majority, we will annul them. You know the powers of the Supreme Court. Even after leaving office, the Chief Election Commissioner is legally protected. Therefore, an interim injunction cannot be imposed to restrain him. If he is suspended, who will conduct the elections?”
An order cannot be issued based solely on news reports published in newspapers. A decision in this matter can be taken only after hearing the arguments of the Election Commission and the Central government side,’ they said.
No changes have been made: Election Commission officials
Election Commission officials have clarified that no changes have been made to Form 6 for adding names to the voter list.
Election Commission officials have clarified the allegation that changes have been made to Form 6, which is distributed by the Election Commission for adding new names to the voter list.
Regarding this, they said that no changes have been made to Form 6; however, the Supreme Court has granted its approval to the notification attached to the order related to the Bihar SIR.