SC to hear pleas seeking CEC Gyanesh Kumar’s suspension tomorrow amid escalating SIR row

The Supreme Court is scheduled to hear on Monday, October 5, pleas seeking the suspension of Chief Election Commissioner Gyanesh Kumar and challenging a series of decisions allegedly taken by him without the concurrence of the Election Commission’s two other members during the Special Intensive Revision of electoral rolls.

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana will hear the petitions filed by Rakesh Kumar Singh and advocate Shailendra Mani Tripathi. The proceedings come as the controversy surrounding the SIR has moved simultaneously to the courts and the streets, with protests demanding Kumar’s resignation intensifying in Delhi and elsewhere.

Suspension sought

The pleas have questioned whether Kumar could individually exercise powers that, according to the petitioners, belong to the Election Commission as a multi-member constitutional body. One of the petitions has sought his suspension as an interim measure while the court examines the allegations.

The petitioners have challenged decisions, guidelines and software changes they claim were introduced without the consent of Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi. These remain allegations before the court; the Election Commission has maintained that its decisions were taken collectively.

SIR decisions challenged

One petition seeks a declaration that decisions of the Election Commission cannot be taken unilaterally by one member. It has asked the Supreme Court to examine the Commission’s primary records to determine whether the disputed actions complied with the constitutional and statutory framework governing the poll body.

Another plea has sought the quashing of 14 decisions alleged to have been taken unilaterally and an independent inquiry into the functioning of the Commission during the SIR. The petitioners have also sought scrutiny of changes made to electoral-roll systems and procedures.

Forensic audit sought

Among the wider reliefs sought is an independent judicial inquiry commission or a Special Investigation Team headed by a retired Supreme Court judge and assisted by cybersecurity and information technology experts.

The petition has also sought a forensic audit of the ECINet and ERONet databases and an investigation into alleged breaches of statutory duties by Election Commission officials. These demands and the allegations underlying them have yet to be adjudicated by the Supreme Court.

Hearing amid protests

Monday’s hearing assumes added significance because it comes after three consecutive days of protests in Delhi over the SIR controversy. Protesters have demanded Kumar’s resignation, while police have detained demonstrators attempting to gather around Jantar Mantar. Nearly 160 people were detained during Saturday’s student-led protest, a day after more than 1,000 were detained while attempting to reach the protest site.

The demonstrations have also widened following allegations of sexual harassment made by three women journalists against Delhi Police officers during Saturday’s protest. Delhi Police said the complaints had been transferred to the Crime Branch for a “fair and impartial enquiry”. The allegations have not been established.

Dipke’s Oct 10 call

The court hearing will also come days before CJP founder Abhijeet Dipke’s proposed October 10 mobilisation at Jantar Mantar. Dipke has said supporters from across the country will travel to Delhi if Kumar does not resign before then.

“If Gyanesh Kumar doesn't resign, cockroaches from across India will march to Delhi & protest at Jantar Mantar on October 10,” Dipke said while announcing the protest. He has said the demonstration would remain peaceful and added that if police stopped protesters from reaching Jantar Mantar, the place where they were stopped would itself become their protest venue.

Court scrutiny deepens

The October 5 hearing therefore puts the Supreme Court at the centre of a dispute that has rapidly expanded beyond the legality of individual SIR decisions. The petitions raise questions about how decisions are taken within the three-member Election Commission, the authority of the CEC and the safeguards governing changes to electoral rolls.

The Supreme Court’s cause list confirms matters listed for October 5, while the pleas against Kumar are scheduled before the three-judge bench headed by the Chief Justice. The court has not yet ruled on the merits of the allegations or the petitioners’ demand for Kumar’s suspension.