Supreme Court to hear CEC suspension plea next week
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Supreme Court to hear CEC suspension plea next week

The Hindu··6h ago

The Supreme Court on Tuesday agreed to list next week a petition seeking to suspend Chief Election Commissioner Gyanesh Kumar. Petitioner Rakesh Kumar Singh asked that Kumar not exercise CEC functions pending a final hearing. Senior advocate Vikas Singh said Commission decisions must be unanimous or by majority. The Election Commission has said it took decisions unanimously.

Prism

What It Means For You

  • A listing next week opens a court test of whether the CEC can act without collegial Commission votes.
  • The petition asks that eligible voters not be blocked from Form-6 inclusion over disputed fields.
  • It also seeks preservation of Election Commission records covering SIR and related IT systems.

What's Happening

  • Chief Justice of India Surya Kant agreed to list the petition after an oral mentioning on Tuesday.
  • The plea cites Section 18 of the 2023 CEC and Election Commissioners Act on unanimous or majority decisions.
  • Petitioners argue Article 324 entrusts elections to the Commission, not one individual.

What the petition asks for

  • It seeks quo warranto scrutiny of unilateral CEC orders issued in the Commission's name.
  • It quotes the 1995 T.N. Seshan judgment that Election Commissioners must have a say in decisions.
  • Reports cited in companion coverage say two Election Commissioners objected on record at least 14 times.
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