New Delhi, Oct 5 : The Supreme Court on Monday refused to pass an ex-parte interim order seeking suspension of Chief Election Commissioner Gyanesh Kumar, saying it would first hear the Election Commission and other respondents on allegations that key decisions concerning the Special Intensive Revision (SIR) were taken unilaterally by the CEC.
A bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V Mohana issued notices to the union of India, Election Commission of India, CEC Gyanesh Kumar, Election Commissioners Dr Sukhbir Singh Sindhu and Dr Vivek Joshi, Deputy Election Commissioner Maneesh Garg, IAS, and DG (IT) Seema Khanna on the petition.
The petition followed a report in The Indian Express alleging that 14 crucial SIR-related decisions were taken in the name of the ECI by CEC Gyanesh Kumar despite objections from two Election Commissioners. Senior Advocate Vikas Singh, appearing for petitioner Rakesh Kumar Singh, sought Kumar’s immediate suspension, saying interim measures were necessary to protect voting rights. He cited the CEC Act, which requires ECI decisions to be unanimous or, failing that, decided by majority.
The bench, however, said it would first examine whether there was any violation and hear the respondents. The CJI said any violation of the law would be undone, while Justice Joymalya Bagchi questioned whether such an order could be passed ex parte. The court ultimately issued notices to the respondents. It also issued notice on a connected petition filed by advocate Shailendra Mani Tripathi, which seeks quashing of the alleged unilateral decisions and an independent probe into the SIR exercise.
