The Supreme Court on Monday declined to pass an interim order seeking the suspension of Chief Election Commissioner Gyanesh Kumar amid a legal challenge over alleged unilateral decision-making in the Election Commission of India (ECI).
A bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V Mohana issued notices to the Union government, the ECI, Gyanesh Kumar and Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi. The respondents have been asked to respond to the allegations.
The petitions challenge decisions linked to the Special Intensive Revision (SIR) of electoral rolls. Petitioners allege that several decisions were taken without the concurrence of the other two Election Commissioners. Reports cited in the petitions refer to objections allegedly recorded by Sandhu and Joshi on multiple occasions.
The petitioners sought immediate interim relief, arguing that the alleged decision-making process could affect the functioning of the constitutional body. However, the Supreme Court indicated that it would first examine the responses rather than act solely on the allegations or media reports.
The bench also indicated that the ECI is expected to follow collective decision-making, with decisions reached unanimously or, where there is no unanimity, by majority. The court said it could reconsider or recall decisions if it ultimately finds that they were taken contrary to the required procedure.
The refusal to grant interim suspension does not determine the merits of the allegations. The matter will be considered further after the respondents file their replies.
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