NEW DELHI: A fresh petition filed in SC in the ongoing row surrounding CEC Gyanesh Kumar has sought his suspension and declaration that CEC cannot take unilateral decisions on EC’s behalf. It also sought that Special Intensive Revision of electoral rolls and all actions, decisions, directions and consequential measures undertaken pursuant to the exercise be declared void ab initio (invalid) and without lawful authority.Referring to media reports, petitioner Rakesh Singh alleged about 14 decisions were taken in the name of EC despite objections recorded by the two other ECs – Sukhbir Singh Sandhu and Vivek Joshi. He sought a direction to CEC to “show under what authority he has acted, and continues to act” as though he is individually entitled to exercise collective decision-making power vested by Article 324 of Constitution in EC.“Issue a writ in the nature of quo warranto (by what authority), or other appropriate writ, order or direction, calling upon Respondent No. 3 Gyanesh Kumar to show under what authority he has acted, and continues to act, as though entitled individually to exercise collective decision-making power vested by Art 324 in EC as a body,” plea said.
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SC in its judgement in T N Sheshan case had held that in the event of a difference of opinion between the three members of EC, the majority view should prevail which is consistent with democratic principles and can never be described as arbitrary or ultravires. Significantly, CEC has asserted that all decisions regarding SIR were taken unanimously by all election commissioners.– Amitanand Choudhary
