A two-decade old controversy involving Chief Election Commissioner of India (CEC) Gyanesh Kumar has again come into focus amid the ongoing political tussle over the Special Summary Revision (SIR) of electoral rolls and alleged internal differences within the Election Commission. The Home Department of the Kerala government has issued formal instructions to the Vigilance and Anti-Corruption Bureau (VACB) to conduct a thorough investigation into an alleged corruption and irregularities case of 2006 against Gyanesh Kumar. The reopening of this old case of former 1988 batch Kerala cadre IAS officer Gyanesh Kumar during his time in state service has created a stir in the political and administrative circles.
This entire episode is from the year 2006, when Gyanesh Kumar was posted as Secretary in the Public Works Department (PWD) of the Government of Kerala:
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Kerala State Transport Project (KSTP): During that time, the contract for the upgradation and construction of MC Road (Main Central Road) under KSTP financed by the World Bank was with a foreign consortium ‘PATI-BEL’.
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Suicide of Engineer Lee Si Bean: Malaysian civil engineer Lee C Bean committed suicide due to payment stoppage, alleged harassment and serious irregularities during the implementation of the project.
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Name claim in suicide note: In the alleged suicide note that came to light at that time, it was revealed that the names of some officers including the then PWD Secretary Gyanesh Kumar were mentioned, after which the then government was heavily criticized and their department was changed.
According to the Kerala government, this vigilance investigation is being initiated on the basis of a formal complaint lodged by Congress leader Malayinakis Venugopal and a recent administrative review.
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Allegations of suppressing the original investigation: It has been brought to the notice of the Home Department that the preliminary investigation conducted by the Vigilance Bureau in 2006 was weakened due to undue political and external pressure from the then top level and the case was shelved without a logical conclusion.
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Instructions to Vigilance Director: The Home Department has directed the State Vigilance Director to summon the files of the entire case and investigate it impartially. The agency will find out whether there was any criminal misconduct in the construction contracts and whether there was any administrative interference to influence the old investigation.
Chief Election Commissioner Gyanesh Kumar has been the target of opposition parties and many civil rights organizations for the last few days.
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Allegations of discrepancies in voter list: Opposition parties have raised questions on the role of the Election Commission regarding the purification of voter lists and deletion of names in various states.
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News of differences in the commission: Following media reports of procedural differences between commissioners within the Commission, political parties have raised concerns about the Commission’s autonomy.
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In such a sensitive political environment, the initiation of vigilance investigation into a two-decade-old case could lead to a new conflict between the central and state governments.
According to legal experts, the Chief Election Commissioner is a high constitutional post, who can be removed only through a complex parliamentary process like impeachment, similar to a Supreme Court judge under Article 324 of the Indian Constitution. However, review of administrative or vigilance files relating to an old civil service tenure by the State Government brings considerable moral and political pressure. The next legal direction of this entire controversy will be decided based on what facts emerge in the Vigilance Bureau report.