NEW DELHI: The Supreme Court on Tuesday granted ten days to the petitioners to file a rejoinder (reply) to the Election Commission’s affidavit on pleas questioning the functioning of Chief Election Commissioner Gyanesh Kumar and the poll panel. The court also issued notice on a fresh plea filed by Rajya Sabha MP Dola Sen who has claimed that changes were made to Form 6 during SIR in Bihar without the court’s approval.
The court is hearing the petitions questioning the functioning of Chief Election Commissioner Gyanesh Kumar, calling for an SIT probe against him and seeking to declare the nationwide SIR of electoral rolls illegal. A bench headed by CJI Surya Kant and also comprising Justices Joymalya Bagchi and V Mohana heard the matter today. On the last date of hearing, the court had issued notice to the Election Commission of India.
ECI’s Response: In the affidavit filed before the Supreme Court, the ECI has said that all the decisions relating to the Special Intensive Revision of the electoral rolls were unanimously taken by the commission. It further said that SIR is legal, its process justified, and that the petitioners’ allegations relating to changes in voter registration procedures and decision-making process are misconceived. The EC’s affidavit, filed in response to a petition by social activist Rakesh Kumar Singh, said it “has been approved for filing… by a unanimous decision of the three members of the Election Commission, i.e., two Election Commissioners and the Chief Election Commissioner.” The ECI also termed as “misleading” the contention that Form 6 was amended, and said that only the Additional Declaration annexed to Form 6 was amended “to introduce the concept “mapping”.”
One of the petitions by Rakesh Kumar Singh referred to the alleged differences between CEC Kumar and Sandhu and Joshi and the objections raised by them. “Article 324(1) of the Constitution does not vest the superintendence, direction and control of elections in an individual Chief Election Commissioner. It vests those powers in a Commission,” said the plea.
The petitioner urged the court to declare SIR, and all actions, decisions, directions, and measures taken under it, invalid from the very beginning and without legal authority. The petitioner argued that the SIR was undertaken without the necessary statutory or constitutional authority and without following the procedure required by law.
The other petition by Delhi-based lawyer Shailendra Mani Tripathi has sought a probe by an independent, high-powered judicial inquiry commission or an SIT headed by a retired judge of the top court.
The court is also hearing petitions by the leader of opposition Rahul Gandhi and other opposition leaders over the similar matter.
Fresh plea before Court: The fresh plea filed by Rajya Sabha MP Dola Sen challenges the constitutional validity of a provision granting serving and former Chief Election Commissioners and Election Commissioners lifelong immunity from civil and criminal proceedings for acts performed in their official capacity. In her writ petition, Sen has also questioned whether the Election Commission followed the decision-making procedure prescribed under the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
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