RTI reveals Cabinet Secretariat forwarded commissioners' letters to CEC Gyanesh Kumar

The Cabinet Secretariat forwarded letters from election commissioners Sukhbir Sandhu and Vivek Joshi, raising allegations of misconduct against senior deputy election commissioner Maneesh Garg, to Chief Election Commissioner (CEC) Gyanesh Kumar, as well as the Department of Personnel and Training (DoPT), information obtained under the Right to Information (RTI) Act has revealed.

The disclosure adds a new detail to the handling of the commissioners’ complaints, which were sent to Cabinet Secretary TV Somanathan on July 29. The letters raised concerns over Garg’s decisions on work allocation within the Election Commission of India (ECI).

Documents provided in response to an RTI application filed by transparency activist Commodore Lokesh Batra (Retd.) show that the Cabinet Secretariat considered seeking Kumar’s views on the matter on August 3.

Secretariat raises concern over possible interference

A note dated August 4 recorded that the letters had been written by the two election commissioners in their individual capacity and did not constitute formal communication from the ECI. The secretariat also flagged the possibility of any action being “construed as interference” in a constitutional body.

The note recommended placing the matter on record with the DoPT for future decisions concerning Garg. The secretariat’s only direct response to Sandhu and Joshi was an acknowledgement of receipt.

The acknowledgements, dated August 5, were also copied to the DoPT secretary, the department’s establishment officer and the principal private secretary to the CEC.

Batra filed the RTI application on September 24, seeking details of the action taken on the letters. Hindustan Times had reported on October 3 that the communications were forwarded to the DoPT. The RTI response now establishes that the CEC’s office also received copies.

Dispute over IT department files

The complaints centred on an order issued by Garg on July 28, changing the allocation of work among Election Commission officials. Sandhu’s letter to the Cabinet Secretary included a copy of the order.

According to the letters cited by Hindustan Times, Garg was given additional charge of the Administration Division while deputy election commissioner Bhanu Prakash Yeturu was on leave until August 9. The commissioners alleged that Garg issued the work-allocation order within hours, covering officers senior or equivalent to him, without consulting them.

The dispute also involved the routing of files from the IT department headed by director general Seema Khanna. The files had earlier been routed through deputy election commissioner Sanjay Kumar, according to an HT report.

Both commissioners cited Sections 18(1) and 18(2) of the 2023 CEC/EC Act in their letters. Joshi also alleged that a file he sought from the Administration Division was not provided.

Letters emerge amid wider IT system controversy

The disclosures come amid scrutiny of the ECI’s IT systems. An investigation by The Indian Express reported that a new IT protocol introduced under Khanna and approved by the commission had restricted electoral registration officers’ access to the database of electoral rolls, affecting officials responsible for adding or deleting voters’ names.

TNIE also reported differences between the election commissioners and Kumar. The ECI has denied these claims, maintaining that its decisions were either unanimous or taken by a majority in accordance with the rules.