The Supreme Court on October 5, declined to pass an interim order suspending Chief Election Commissioner Gyanesh Kumar over allegations that important decisions relating to the Special Intensive Revision (SIR) of electoral rolls were taken without the concurrence of the other Election Commissioners.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana said the Election Commission of India (ECI) and other concerned respondents should first be heard before any such interim relief could be considered.
The petitions raise questions about the functioning of the ECI as a multi-member constitutional body. The petitioners allege that several SIR-related decisions were taken in the name of the Commission despite objections recorded by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi.
Senior Advocate Vikas Singh, appearing for petitioner Rakesh Kumar Singh, sought immediate interim measures, including suspension of the CEC. He relied on Section 18 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, concerning the manner in which the Commission's business is to be decided.
The bench questioned whether the Court could suspend the CEC without first hearing the ECI and the other respondents. The Chief Justice also pointed to the practical consequences of restraining the CEC from functioning.
The bench indicated that the statutory framework would have to be examined from the official records.
CJI Surya Kant observed,
"There is a mandatory law, and we expect them to follow it. If there is any violation, we will undo."
Justice Joymalya Bagchi similarly indicated that if the records established that decisions were not taken in accordance with the required procedure, the Court could examine their validity. The bench also cautioned that an interim order could not be based solely on newspaper reports.
The Supreme Court issued notice to the Union of India, the ECI, CEC Gyanesh Kumar, Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi, and other concerned officials.
It also issued notice in the connected petition concerning similar allegations and tagged the matters for further consideration.
