SC Refuses to Suspend CEC Gyanesh Kumar Amid Unilateralism Claims
The Supreme Court declined to suspend CEC Gyanesh Kumar amid allegations of unilateral decision-making but issued a notice to the Election Commission.
The Supreme Court on Monday declined to pass any interim order to suspend Chief Election Commissioner (CEC) Gyanesh Kumar, despite serious allegations that he has been making unilateral decisions within the Election Commission of India (ECI). The allegations suggest that the CEC has been bypassing the required consensus from the two other Election Commissioners, undermining the multi-member constitutional nature of the body.
Court Issues Notice to Election Commission
While the bench, led by Chief Justice of India (CJI) Surya Kant, refused to suspend the CEC at this stage, it has issued a formal notice to the Election Commission of India seeking a response to the claims. The court made it clear that it is closely monitoring the situation regarding the Special Intensive Revision (SIR) of electoral rolls.
The bench indicated that its next steps would depend heavily on the ECI's explanation. “After notice, if they come and show that ABC decisions were taken without unanimity, we will take those decisions back,” the court remarked, suggesting that if the allegations of bypassing collective decision-making are proven true, the court may reconsider or recall the contested decisions.
The Core of the Dispute: Collective Decision-Making
The legal challenge focuses on how the ECI is exercising its powers. The plea argues that the poll panel is mandated by law to function as a multi-member constitutional body, requiring a collective decision-making mechanism. The petitioners allege that this process is being ignored, with the CEC acting independently on critical matters such as the revision of electoral rolls.
Political Storm: Congress Demands Resignation
The judicial proceedings come amidst a massive political firestorm. Senior Congress leader Jairam Ramesh has called for the immediate resignation of CEC Gyanesh Kumar, labeling him a "liability for the country."
Ramesh’s demand follows remarks made by Supreme Court judge Justice Ujjal Bhuyan at NALSAR University in Hyderabad. During his address, Justice Bhuyan spoke against procedures that lead to the "arbitrary disenfranchisement" of citizens. "If any process results in disenfranchising millions and millions of Indian citizens, making them second-class citizens in their own country in the sense of being citizens without voting rights, such a process is intrinsically arbitrary," Justice Bhuyan stated.
Reacting to these views, Ramesh took to social media to claim that the CEC has been executing "illegal orders" and urged him to quit out of a sense of shame.
Protests Erupt in the Capital
The controversy has moved from the courtroom to the streets. On Sunday, the Indian Youth Congress (IYC) organized a protest march from Raisina Road toward Jantar Mantar to demand the CEC's resignation. The march, led by IYC National President Uday Bhanu Chib, saw hundreds of workers carrying placards and chanting slogans against the central government, accusing it of shielding the CEC.
The protest faced significant hurdles as Delhi Police deployed heavy barricading and personnel to restrict the demonstrators. Chib criticized the police action, questioning why the marchers were being prevented from reaching their designated protest site despite the ongoing legal scrutiny of the Election Commission's actions.