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

The court will examine whether decisions were taken without unanimous or majority approval of the three election commissioners.

Sources: Kashmir Reader, The Federal, TV9 Bangla, OpIndia4 sources ↓|· 1 min read
Supreme Court Issues Notices to EC, Centre; Refuses Interim Suspension of CEC
Photo: The Federal

KEY POINTS

  • SC issued notices to EC and Centre on pleas alleging unilateral decisions by CEC Gyanesh Kumar
  • Court refused interim suspension of CEC, citing risk of stalling Commission's work
  • Bench stated it will annul decisions not taken by unanimity or majority as mandated by law
  • Petitions cite formal objections by Commissioners Sandhu and Joshi on 14 decisions
  • Hearing scheduled for next week; court directed securing of documents and electronic records

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.”

— Chief Justice of India Surya Kant

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.

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