The Supreme Court on Monday made it clear: it cannot pass an order based on a newspaper report, and will need a response from the Election Commission before deciding if the Chief Election Commissioner Gyanesh Kumar can single-handedly exercise powers constitutionally designated for the entire multi-member poll panel.
We cannot pass an order on that basis today. The Public Interest Litigation (PIL), filed by Patna resident Rakesh Kumar Singh, urged the top court to determine whether Chief Election Commissioner (CEC) Gyanesh Kumar has been individually exercising powers that legally belong to the Election Commission as a whole, and, if so, to declare those actions unauthorised and take appropriate legal action. We would definitely want their response.
“Newspaper report may be 100% correct, partially correct or incorrect.
“If it is found that the decisions were taken neither unanimously nor by a majority, they could be stayed,” the court said, adding it “cannot unilaterally conclude that all decisions were taken unilaterally”, cautioning it cannot put the cart before the horse. The court said it requires certified information on whether the decisions in question were taken unanimously or by a majority. “You are relying on the newspaper report?” the court asked the petitioner. If we find there were instances where law wan’t followed, we can undo it,” the court said.
