Tuesday, 02 January 2024 12:17 GMT

India Supreme Court Refuses To Pass Order To Suspend Election Chief Gyanesh Kumar


(MENAFN- Khaleej Times) India's Supreme Court on Monday refused to pass any interim order to suspend the Chief Election Commissioner Gyanesh Kumar over allegations that he took decisions unilaterally in the Election Commission of India, without consensus from the two other Election Commissioners.

A bench headed by CJI Surya Kant issued notice to the Election Commission of India seeking their response on the allegations made in the plea. The Court indicated that if, after considering the ECI's response, it finds that certain decisions were taken by CEC without the required unanimity, it could reconsider or recall those decisions. The court was hearing pleas against Election Commission of India concerning the Special Intensive Revision (SIR) of electoral rolls. A plea challenged the manner in which the ECI is functioning, alleging that powers vested in the poll panel as a multi-member constitutional body are being exercised without following the collective decision-making mechanism mandated by law.

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Earlier today, following Supreme Court judge Justice Ujjal Bhuyan's views on what he said was the arbitrary disenfranchisement of voters, senior Congress leader Jairam Ramesh on Monday demanded the immediate resignation of Chief Election Commissioner (CEC) Gyanesh Kumar, alleging that the SC judge had exposed the poll chief "lock, stock and barrel." Justice Bhuyan had said that "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. No amount of whataboutery can justify it. It strikes at the very heart of the Constitution".

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The remarks come in the background of the ongoing controversy over the Election Commission of India (ECI) and Special Intensive Revision (SIR) of electoral rolls, with opposition targeting Chief Election Commissioner Gyanesh Kumar and demanding his resignation.

On Saturday, Indian police detained dozens of youth protestors in New Delhi during the second consecutive day of demonstrations demanding the chief election commissioner's resignation. The demonstrations have been backed by key opposition parties, including the popular Gen Z-led Cockroach Janta Party (CJP) online movement, who say voter-roll changes give an advantage to Indian Prime Minister Narendra Modi's ruling Bharatiya Janata Party.

Local media reports said over 100 protestors demanding Election Commission of India (ECI) chief Gyanesh Kumar's resignation were detained.

"Delhi Police must stop its crackdown on protesting students and activists," CJP chief Abhijeet Dipke said in a social media post on Saturday. Dipke's CJP has called for a "massive mobilisation of young Indians" in New Delhi on October 10. Other opposition parties and activists have also backed protest call.

"Every attempt to suppress peaceful protesters will only bring more people to the streets and strengthen the march to Jantar Mantar," Dipke added. "Dissent is a democratic right. It cannot be crushed through intimidation or force".

The controversy follows a report in The Indian Express saying Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi formally raised objections on at least 14 occasions over 10 months over decisions on electoral rolls, voter registration, and the Commission's technology systems.

The Election Commission, however, rejected the suggestion that the reported objections amounted to institutional dissent over final decisions. The poll panel said that operational queries, inputs and suggestions raised during the draft stage were part of its standard administrative and decision-making process. ECI stated that the decisions regarding the schedule of the SIR exercise were unanimous.

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