Congress president Mallikarjun Kharge told the Congress Working Committee that Chief Election Commissioner Gyanesh Kumar should be removed immediately, called him a “puppet” of the Union government, and listed five demands on transparency in electoral roll revision. The Election Commission has said that all its decisions on the Special Intensive Revision were unanimous.
New Delhi: Congress president Mallikarjun Kharge on Tuesday demanded the immediate removal of Chief Election Commissioner Gyanesh Kumar, describing him at a meeting of the Congress Working Committee (CWC) as a “puppet” of the Union government, and set out five demands on the Special Intensive Revision (SIR) of electoral rolls, according to reports by PTI, ANI and IANS.
Kharge also said that Prime Minister Narendra Modi should resign on moral grounds for allegedly pressuring the Chief Election Commissioner, and that the Congress would take the issue to the streets and to Parliament. These are the allegations of the Congress president. The Chief Election Commissioner and the Election Commission have not accepted them, and LawChakra could not find a response from the Bharatiya Janata Party to Tuesday’s remarks at the time of writing.
The five demands
According to PTI, Kharge asked that all data on changes made to the electoral rolls be made public, that every voter whose name has been deleted get a chance to appeal, and that all political parties be given the electoral rolls in a simple format and in time. He also asked for an independent, time-bound investigation wherever serious anomalies are found in the revision, and for the poll process to be made transparent so that no one feels information is being hidden.
What Kharge said
In his inaugural address to the CWC, Kharge said that two Election Commissioners had themselves described the Chief Election Commissioner’s actions as “arbitrary and unreasonable”, that he had been trying to help the ruling party, and that he therefore had no right to remain in office. He said the party’s questions were not meant to weaken institutions but to make the Election Commission strong and credible enough for the ruling party and the opposition to trust its decisions, and asked why two Election Commissioners were kept out of an internal portal. He also thanked party workers for standing behind Rahul Gandhi, who has raised allegations about irregularities in the electoral rolls and the role of the Chief Election Commissioner.
The Election Commission’s position
The remarks follow a report in The Indian Express, as summarised by The Federal, which said that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had registered objections at least 14 times over 10 months to decisions relating to the SIR, including on Form-6 for new voters, additions and deletions in the rolls, appeals in the SIR exercise, and control of the electoral roll database. The Election Commission has rejected the suggestion of a split. It said that, although the two Commissioners flagged issues, including deletion of names in various states, all final decisions on the SIR were unanimous, and, after a full commission meeting on September 26, that all SIR orders had the approval of all three Commissioners. Officials also pointed to the law governing the Commission and a Supreme Court judgment, under which decisions should as far as possible be unanimous and the majority view prevails where members differ, and said differing views among Commissioners are a normal part of deliberation.
The legal position on removal
Under the proviso to Article 324(5) of the Constitution, the Chief Election Commissioner cannot be removed from office except in the like manner and on the like grounds as a Judge of the Supreme Court, and an Election Commissioner can be removed only on the recommendation of the Chief Election Commissioner. Kharge said that 73 Opposition Rajya Sabha members had given a notice of motion for the removal of the Chief Election Commissioner on April 24, and asked whether the Rajya Sabha Chairman would now decide on it, since the Monsoon Session had not been prorogued. Section 18 of the 2023 appointment and service conditions Act provides that the Commission’s business is to be transacted unanimously as far as possible and, where members differ, decided by the majority opinion.
What happens next
Kharge said the Congress would raise the alleged irregularities in the electoral rolls and the poll process on the streets and in Parliament, and that with elections due in five States in 2027 it was essential that no voter’s right is violated. A plea concerning the Chief Election Commissioner’s functioning is also before the Supreme Court, which has agreed to an early listing. The Election Commission has defended the SIR as following established statutory procedure.
This report records the statements made at the CWC meeting and the Election Commission’s stated position. The allegations are political statements that have not been adjudicated, and LawChakra expresses no view on them.