Amidst the SIR controversy, questions are being raised on Chief Election Commissioner Gyanesh Kumar regarding three changes made in Form-6. After the Supreme Court's comments, the opposition has also intensified its front against him.
Tezzbuzz Desk– Chief Election Commissioner Gyanesh Kumar's troubles seem to be increasing after the Supreme Court's comment regarding Form-6 in the SIR controversy. Leader of Opposition in Lok Sabha Rahul Gandhi, Samajwadi Party chief Akhilesh Yadav and MPs of 19 opposition parties have opened a front against Gyanesh Kumar. Opposition leaders have demonstrated on the streets of Delhi demanding his resignation. Rahul Gandhi wrote on social media, “Gyanesh, it's done bro, time to resign.”
Chief Election Commissioner Gyanesh Kumar is being accused of arbitrarily making three changes in Form-6 during SIR. However, the Election Commission says that these changes have been made with the permission of the Supreme Court and the mutual consent of the three members of the Commission.
What is Form-6 and why did the controversy increase over it?
According to the Election Commission, Form-6 is used to add names of new voters during the special revision of the voter list. Any new voter can apply for inclusion of his/her name in the voter list through this form. After this, the Election Commission officials examine the application and after the completion of the process, the name is added to the voter list.
The dispute is about three changes made in Form-6. Under the new provisions, information is being sought from new voters whether their name was in any voter list earlier or not.
If the name was not in any list earlier, then they are also being asked whether the names of their parents or grandparents were recorded in the old SIR list. Apart from this, information will also have to be given whether neither the name of the applicant nor the name of his/her parents or grandparents was present in the old SIR list.
Why are questions being raised on Gyanesh Kumar?
The first case is related to a report by Indian Express. According to the report, two election commissioners had raised objections to the changes made in Form-6. It is alleged that these objections were ignored.
The second case is of the hearing of the Supreme Court on Monday. During the hearing, Chief Justice Surya Kant remarked that the changes made in Form-6 were not approved by the court. He said it clearly.
The third case is related to a separate petition filed in the Supreme Court by Anjali Bhardwaj. It has been said in the petition that people whose names have been removed from the voter list in Delhi have been asked to fill Form-6. Anjali Bhardwaj's lawyer Prashant Bhushan has called this wrong.
Will this have any immediate impact on Gyanesh Kumar?
This is not the case at present. In the new law of the Election Commission, special legal protection has been given to the Chief Election Commissioner and Election Commissioners. Under this, neither a case can be registered against the Chief Election Commissioner or both the Election Commissioners for any decision of the Election Commission, nor can the case be heard in any court regarding that decision. This protection continues even after retirement.
During Monday's hearing, Supreme Court Justice J. Bagchi also mentioned this security. In the current situation, Gyanesh Kumar has legal protection and there does not appear to be any immediate threat to his position.
However, the opposition has indicated that an impeachment motion could be brought against Gyanesh Kumar in the next session of Parliament. The support of two-thirds of MPs is required to pass the impeachment motion.
At present the opposition is also in a weak position in the numbers game. In such a situation, despite the controversy regarding Form-6 and the opposition's opposition intensifying, there does not seem to be any immediate threat to the post of Gyanesh Kumar.