SIR row reaches Supreme Court as petitions seek action against CEC Gyanesh Kumar

The Supreme Court will hear petitions seeking Gyanesh Kumar’s suspension amid nationwide protests demanding the Chief Election Commissioner’s resignation.

Calls for Chief Election Commissioner Gyanesh Kumar’s resignation have intensified since the SIR controversy began. Moreover, protests demanding his resignation are taking place across the country. Today, the Supreme Court will hear petitions seeking Kumar’s suspension as Chief Election Commissioner.

Chief Justice Surya Kant will sit on the bench hearing these petitions. Justices Joymalya Bagchi and V Mohana will also join him. Rakesh Kumar Singh and lawyer Shailendra Mani Tripathi filed the petitions before the court.

Petitions also challenge Election Commission decisions

According to a PTI report, the petitions seek more than Kumar’s suspension. They also challenge decisions, guidelines and software changes allegedly made without two election commissioners’ consent. Those commissioners are Sukhbir Singh Sandhu and Vivek Joshi.

The petitions question whether Kumar took these steps without their agreement. Therefore, the case also raises questions about decision-making within the election body.

PIL questions powers used by the CEC

According to PTI, Patna resident Rakesh Kumar Singh filed a public interest litigation. The plea asks the Supreme Court to examine Kumar’s exercise of certain powers.

Specifically, it seeks clarity on whether Kumar individually exercised authority belonging legally to the entire election body. If the court finds this, the petition seeks an unauthorised status for those decisions. Additionally, it asks for appropriate legal action.

Petition seeks restrictions until final hearing

The plea also requests directions concerning Kumar’s role during the case. It asks the court to stop him from exercising Chief Election Commissioner functions until final adjudication.

During any vacancy, the petition proposes another arrangement for the Election Commission of India. It seeks unanimous decisions from the two election commissioners for running ECI affairs during that period.

Indian Express report triggered the SIR controversy

The SIR dispute followed revelations published in a report by The Indian Express. According to that report, commissioners Sukhbir Singh Sandhu and Vivek Joshi recorded objections repeatedly.

The report said they objected at least 14 times during ten months. These objections concerned decisions taken in the commission’s name.

Disagreements included changes to Form 6 and centralisation of EROnet control in Delhi. Furthermore, they involved voter deletion appeals in West Bengal. The report also cited failure to add some eligible voters to Goa’s electoral rolls.