EC SIR row goes to Supreme Court, petition seeks criminal action against Gyanesh Kumar

A PIL in the Supreme Court seeks criminal action against CEC Gyanesh Kumar over alleged unilateral SIR decisions despite objections from two Election Commissioners.

In Short

• Petition claims CEC ignored objections from two Election Commissioners
• Plea seeks declaration of decisions as void and criminal action against officials
• Alleges unconstitutional changes to electoral roll software and Form 6 process

A public interest litigation (PIL) petition has been filed in the Supreme Court seeking action against Chief Election Commissioner (CEC) Gyanesh Kumar over alleged unilateral decisions taken by the Election Commission of India (ECI) on the special intensive revision (SIR) of electoral rolls.

The petition, filed by advocate Shailendra Mani Tripathi through advocate Chand Qureshi, follows an Indian Express report that the ECI had taken several decisions related to SIR despite written objections from two of its three Election Commissioners.

The plea alleges that CEC Gyanesh Kumar took several important decisions without the concurrence of Election Commissioners Dr Sukhbir Singh Sandhu and Dr Vivek Joshi, including changes to electoral roll-related software and amendments to the provisions and procedure concerning statutory Form 6.

It seeks a declaration that all decisions, guidelines, directives and software modifications initiated, approved or implemented under Gyanesh Kumar without the concurrence of the full Commission or contrary to the majority opinion of the Election Commissioners under Section 18 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, are unconstitutional, ultra vires and void ab initio.

The petitioner has also sought criminal action against CEC Gyanesh Kumar, Senior Deputy Election Commissioner Maneesh Garg, Director General (Information Technology) of the ECI Seema Khanna and other officials allegedly found guilty of deliberately breaching their official duties.

CEC'S 14 SIR ORDERS CHALLENGED IN BOMBAY HC

On Friday, two petitions were filed before the Bombay High Court seeking to cancel 14 orders issued by Chief Election Commissioner Gyanesh Kumar in connection with the Special Intensive Revision (SIR), while also challenging the constitutionality of the exercise in Maharashtra.

The petitions seek the restoration of deleted voters, preparation of a legally compliant electoral roll and disclosure or production of the order and recorded reasons under which the SIR is being undertaken in Maharashtra. They also seek transparency in the methodology and legal basis of the exercise, along with safeguards against the wrongful exclusion of eligible voters.

MAHUA MOITRA SOUGHT CASE AGAINST CEC

Trinamool Congress MP Mahua Moitra on Thursday submitted a complaint at Parliament Street police station in New Delhi, seeking registration of an FIR against Chief Election Commissioner Gyanesh Kumar over reports that two election commissioners had objected to several decisions of the poll panel during the SIR exercise.

- Ends