Plea in Supreme Court seeks CEC Gyanesh Kumar's trial as 'ordinary accused'

A petition has been moved in the Supreme Court contending that Chief Election Commissioner Gyanesh Kumar can be investigated and tried in the same manner as any other accused person, notwithstanding his constitutional position.

The plea rests on the argument that certain acts carried out in the course of official duty fall outside the protection ordinarily attached to that duty. Specifically, it submits that deliberately tampering with records, committing forgery, or undermining the constitutional electoral process cannot be regarded as an integral part of discharging official functions.

According to the petition, conduct of this nature is not covered by the immunity that public office may otherwise confer. Such actions, it argues, are distinct from the routine exercise of official responsibilities and therefore do not attract the same legal shield.

The petition accordingly seeks to establish that the Chief Election Commissioner is not beyond the reach of ordinary criminal process in such circumstances. It asks the Supreme Court to consider whether he can be proceeded against like any other accused.

The matter concerns the scope of protections available to constitutional authorities and the circumstances in which those protections may not apply. The court is yet to rule on the plea.