The hearing raised questions about how the Election Commission (EC) is taking decisions and whether the law is being followed. New Delhi: The Supreme Court on Monday (October 5) heard the plea seeking action against Chief Election Commissioner (CEC) Gyanesh Kumar.
So here is everything that stood out from the hearing. Singh alleged that this requirement was not followed in some decisions. He argued this gives the chief election commissioner a level of protection that even the Supreme Court judges do not have. He then asked the court to suspend Kumar or at least take away his authority to function as the CEC. Advocate Singh replied that the other two election commissioners could do it. He also warned the court about the seriousness of the situation, saying, “This country will burn. But the bench was not ready to act on these allegations immediately. There was then another important submission on the SIR exercise. Senior Advocate Dr. Menaka Guruswamy asked the court to look at how the special intensive revision was conducted in Delhi.
He also referred to Section 16, which gives the chief election commissioner legal protection for acts done in the discharge of official duties. This led to an important exchange over Form 6, which is used to register as a new voter.
Chief Justice of India, Justice Suryakant, said that the court first wanted authenticated information. He pointed out that the petition was relying on a news report and said that the court wanted the respondents to respond first. Justice Bagchi then said that if the records show that a decision was not taken unanimously or by the required majority, the court could stop that decision from operating and hold it legally invalid.
