The legal and political challenges surrounding Chief Election Commissioner (CEC) Gyanesh Kumar have intensified as a new petition has been filed in the Supreme Court of India, while this marks the third such legal challenge against the CEC following the massive controversy over the SIR (Standard Information Report). The latest petition specifically targets the administrative and executive actions taken by Gyanesh Kumar over the past 10 months, seeking the immediate nullification of 14 specific orders and decisions issued during this period. This development comes at a time when the Election Commission is under intense scrutiny from both the judiciary and the political opposition regarding its operational transparency and adherence to constitutional mandates.
Details of the Third Petition and Legal Allegations
The petition has been moved by Priya Mishra, who has raised serious concerns regarding the functioning of the Election Commission under the leadership of Gyanesh Kumar, while the core of the legal challenge lies in the allegation that the CEC has bypassed the mandatory collective decision-making process that's essential for the functioning of a multi-member commission. According to the petitioner, the 14 orders, notifications, and executive instructions issued in the last 10 months weren't the result of a consensus or a collective deliberation as required by law. Instead, they're being characterized as unilateral actions that undermine the institutional integrity of the poll body.
The petitioner has urged the Supreme Court to quash all such decisions that were made in violation of the established procedural norms. Also, the petition seeks a clear set of directions and clarifications from the apex court regarding the scope and limits of the Election Commission's powers to conduct free and fair elections. It emphasizes that the commission must strictly adhere to the legal rules governing its operations and the provisions enshrined in Article 324 of the Constitution of India, which grants the body the power of superintendence, direction, and control of elections.
A Growing List of Legal Challenges
This isn't the first time Gyanesh Kumar has faced legal heat in recent weeks. Before Priya Mishra's filing, two other petitions had already been registered in the Supreme Court, while one was filed by advocate Shailendra Mani Tripathi, and the other by social activist Rakesh Kumar Singh. Both these petitions also raised questions about the conduct and decisions of the CEC, particularly in the wake of the SIR controversy. The accumulation of three separate petitions indicates a concerted effort to bring the Election Commission's recent administrative changes under judicial review. The petitioners collectively argue that the independence of the commission is at stake if the mandatory procedures for decision-making are ignored.
The Political Storm: INDIA Alliance's Strategy
On the political front, the opposition is leaving no stone unturned to corner the CEC. A high-level meeting of the INDIA alliance was convened in New Delhi last Thursday to discuss the SIR issue and the role of Gyanesh Kumar. The meeting saw the participation of top leaders from 20 different political parties, reflecting a broad-based consensus within the opposition block against the current functioning of the Election Commission. Prominent figures in attendance included Rahul Gandhi, Sonia Gandhi, Mamata Banerjee, Omar Abdullah, and Supriya Sule, among others.
The meeting lasted for approximately 3 hours, during which the leaders discussed the future course of action to strengthen the INDIA block and challenge the government and the Election Commission. A comprehensive political roadmap for the next 40 days was prepared, which includes a nationwide movement and protests against the poll body. The leaders unanimously demanded the resignation of CEC Gyanesh Kumar, asserting that his continued presence in the office compromises the possibility of fair elections, while the opposition's strategy appears to be a two-pronged attack: a legal battle in the Supreme Court and a political movement on the streets.
Absences and Internal Dynamics
Despite the show of unity, the absence of certain key leaders from the INDIA alliance meeting raised eyebrows, while akhilesh Yadav of the Samajwadi Party and Arvind Kejriwal of the Aam Aadmi Party were notably absent from the deliberations. While the alliance sought to project a united front, these absences provided ammunition to the ruling National Democratic Alliance (NDA) to question the internal cohesion of the opposition block. The reasons for their absence have become a subject of intense political speculation, especially given the critical nature of the agenda regarding the Election Commission.
NDA's Counter-Attack and BJP's Stance
The NDA camp was quick to react to the INDIA alliance's meeting. The Bharatiya Janata Party (BJP) and its allies launched a sharp counter-attack, dismissing the opposition's concerns as a sign of desperation. OP Rajbhar, a key ally of the BJP in Uttar Pradesh, specifically targeted Rahul Gandhi over the absence of Akhilesh Yadav. Rajbhar questioned what urgent work kept Akhilesh away from such a significant meeting, pointing out that the deadline for Rajya Sabha nominations is 6 October and there was no apparent rush to file nominations a day early. He suggested that the bond between the "friends" might not be as strong as it appears.
Adding to the criticism, Union Minister Shivraj Singh Chouhan took a swipe at the leadership of the INDIA alliance. He remarked that no matter how many times the Congress party attempts to "re-launch" Rahul Gandhi, the other members of the alliance aren't ready to accept him as their undisputed leader. Chouhan's comments reflect the NDA's strategy of highlighting the perceived leadership vacuum and lack of consensus within the opposition, even as they rally against the CEC, while the political battle lines are now clearly drawn, with the Supreme Court's upcoming observations on the petitions likely to play a decisive role in the next phase of this confrontation.