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Election Commission in Storm Over CEC Gyanesh Kumar's Decisions

A report that two election commissioners were kept in the dark about key decisions has triggered opposition demands for CEC Gyanesh Kumar's resignation.

The Election Commission has been drawn into a widening controversy over the functioning of its chief, Gyanesh Kumar, after a report claimed that the two other members of the three-person body were not kept informed about a series of decisions and objected to them on record.

According to the report, Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi were kept in the dark about various decisions taken by the poll body, and flagged their objections in 14 instances over the past 10 months. The two are also said to have complained to the chief secretary.

The Election Commission has responded by stating that differing views are part of its decision-making process.

Opposition Demands Resignation

The disclosures have prompted opposition leaders to demand Kumar's resignation, citing the dissent notes and accusing him of violating a foundational principle of democracy. Congress leader Rahul Gandhi described Kumar as a "traitor" and said his party would not remain a mute spectator to what he called the destruction of democracy in India.

The SIR Row

The allegations have surfaced while the commission is conducting a special intensive revision (SIR) of the voter list, an exercise it says is meant to remove ineligible names from the rolls. Opposition parties claim the two election commissioners objected to the exercise as well, but were ignored.

The SIR has already been contentious, with opposition parties accusing the CEC of manipulating voter lists to favour the ruling Bharatiya Janata Party. Both the BJP and the Election Commission have rejected those accusations.

The report said Sandhu recorded in a file noting in August that a change to Form 6, used for inclusion of a name in the electoral roll, was "unauthorised and illegal" and should be removed immediately.

Former CEC OP Rawat called the change to Form 6 "absolutely wrong and illegal" and described the SIR as a "Frankenstein which has created fear in the minds of voters everywhere". Another former CEC, SY Quraishi, said the two serving election commissioners were right to argue that an addition to Form 6 required an amendment to the rules.

The reactions have led opposition parties to question the sanctity of the election process. The Gen Z-led Cockroach Janata Party has warned of another protest at Jantar Mantar, after an earlier demonstration forced the education minister to resign.

BJP Hits Back

The BJP launched a strong counter-attack on Congress and other opposition parties over their criticism of the Modi government on the SIR and the functioning of the Election Commission. Party spokesperson Sambit Patra said no attempt was being made to "save any specific individual", but that the ruling party was trying to save India's democracy. He also hit out at Rahul Gandhi's "treason" jibe at the BJP and the RSS, saying the country was watching who was actually committing treason, and accused Congress of electoral malpractices during its rule.

BJP national spokesperson and Rajya Sabha MP Sudhanshu Trivedi rejected the opposition's claim that anti-incumbency had become an established trend only after the BJP came to power, saying the remark showed a total absence of political wisdom and that anti-incumbency was in fact strong and consistent against the Congress.

Not the First Controversy

The poll body has faced internal challenges before. During TN Seshan's tenure as CEC, he challenged the Narasimha Rao government's move to appoint two election commissioners, MS Gill and GVG Krishnamurthy, when the body had functioned as a one-member entity. The dispute reached the Supreme Court, which established that the CEC is the chairman but the ECI is a collective body in which the other commissioners have a meaningful role.

In 2009, CEC N Gopalaswami recommended the removal of Navin Chawla as election commissioner, accusing him of acting in a partisan manner. The government rejected the recommendation, and Chawla succeeded Gopalaswami as CEC. The commission also saw dissent during the tenures of Ashok Lavasa and Arun Goel as election commissioners in 2019 and 2024.