Supreme Court Issues Notices to EC, Centre; Refuses Interim Suspension of CEC

The Supreme Court on Monday issued notices to the Election Commission of India and the Union government on petitions alleging that Chief Election Commissioner Gyanesh Kumar took multiple decisions without the approval of fellow commissioners Sukhbir Singh Sandhu and Vivek Joshi. A bench led by Chief Justice Surya Kant stated it would annul any decision found not in accordance with the law requiring unanimity or majority.

The bench, also comprising Justices Joymalya Bagchi and V Mohana, refused to pass an interim order restraining Kumar from functioning or suspending him pending final disposal. The court observed that suspending the CEC would stall the Commission's functioning and asked who would conduct elections.

“We will examine all the decisions. If any decision is not in accordance with the law, we will annul it. You know the power of the court.”

Senior advocate Vikas Singh, appearing for petitioner Rakesh Kumar Singh, argued that the two other commissioners could discharge functions as a majority. The court said it must hear responses from all parties before passing orders and directed that relevant documents and electronic records be secured.

A connected petition by advocate Shailendra Mani Tripathi was tagged with the main plea. That petition alleges 14 specific decisions were taken unilaterally by the CEC. The bench also indicated it may examine the statutory immunity clause protecting the CEC, noting such protection is not even available to judges.

The matter is scheduled for hearing next week. The petitions were filed under Article 32 of the Constitution citing objections recorded by Commissioners Sandhu and Joshi over a 10-month period.