New Delhi: The Supreme Court made important comments during the hearing on Monday in the case related to Chief Election Commissioner Gyanesh Kumar. The court said that if the decisions of the Election Commission are not taken by consensus or majority as per the rules, then their legal status can be examined. However, the court made it clear that it cannot give any interim order only on the basis of media reports.
Answer will be sought from the Election Commission first
A bench headed by Chief Justice Surya Kant said that concrete and certified information is necessary in the case. The court has decided to issue a notice to the Election Commission and the concerned parties and seek their answers. Only after this will the investigation of the disputed decisions and their process proceed.
The court also said that the information given in a newspaper or news report may be completely true, partially true or false. Therefore, it would not be appropriate to draw any conclusion based on the news alone without seeing the official records.
Decision necessary by consensus or majority
It has been alleged in the petitions that some decisions related to Special Intensive Review or SIR were taken by the Chief Election Commissioner without the consent of other Election Commissioners. The petitioners have demanded cancellation of such decisions and an investigation into the entire matter.
The Supreme Court indicated that if the record proves that the decisions in question were neither taken unanimously nor on the basis of majority, then the court can act on those decisions. But at present the court refused to accept that all the decisions were taken unilaterally.
Currently refusing to suspend CEC
The petitioners had demanded interim removal or suspension of Gyanesh Kumar from the post. The Supreme Court refused to give any immediate order on this demand. The court first wants to see the response and official records of the Election Commission and other concerned parties. The petitions have also raised questions on the decision making process of the Election Commission, steps related to SIR and changes made in some electoral procedures. Now the next action in the case will be based on the reply of the Commission and the records to be placed before the court.