- Petition filed in top court against Chief Election Commissioner Gyanesh Kumar over the decision-making process
- PIL alleges key electoral decisions made without other Election Commissioners' concurrence
- PIL seeks declaration of such decisions as unconstitutional and reinstatement of the original Form 6
Amid the raging controversy over the decision-making process at the Election Commission, a petition has been filed before the Supreme Court against Chief Election Commissioner Gyanesh Kumar.
The Public Interest Litigation (PIL) has been filed based on media reports regarding key decisions of the commission.
The petition alleges that several decisions related to the electoral process were taken without the concurrence of the other two Election Commissioners.
The PIL, filed by advocate Shailendra Mani Tripathi, also seeks a declaration that decisions, guidelines and software modifications allegedly undertaken by Gyanesh Kumar without the concurrence of the other two Election Commissioners are unconstitutional and void.
It further seeks to have all those decisions declared illegal and demands the reinstatement of the original 'Form 6'. The petition also demands an investigation by a Special Investigation Team (SIT) into how the names of 13 crore voters were removed from the electoral rolls during the ongoing Special Intensive Revision (SIR).
The PIL also seeks the prosecution of Gyanesh Kumar, Senior Deputy Election Commissioner Maneesh Garg, and Director General (IT) Seema Khanna for alleged dereliction of duty under the Representation of the People (RP) Act.
Read | Form 6 For New Voters: When A Small Change Triggered A Big Row
Gyanesh Kumar has been in the line of fire after a report in The Indian Express stated that the objections of Election Commissioners, including on the Special Intensive Revision (SIR) of voter rolls, were being ignored.
The petition has been filed days after The Indian Express reported that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded objections on at least 14 occasions over decisions and orders concerning SIR, including changes to Form 6 and the management of electoral-roll data.
The report said the objections related to decisions allegedly taken without their knowledge or against their recommendations.
Responding to The Indian Express report, the poll body had said all decisions taken by it in the last one year were unanimous and that "differing views and observations are a normal part of deliberation in any institution."
The Opposition has also been gunning for the CEC since the report came out. Addressing a press conference in New Delhi on Thursday, Leader of Opposition Rahul Gandhi termed Kumar a "traitor", demanded his resignation and warned that the Congress would not remain silent and watch democracy in India "being destroyed".
