The petition, filed by Rakesh Kumar Singh, questions whether the CEC can exercise powers belonging to the Election Commission as a whole without a decision supported by the other members.
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Election Commission row: Supreme Court to hear plea against CEC Gyanesh Kumar next week
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The Supreme Court on Tuesday agreed to hear next week a petition challenging the functioning of Chief Election Commissioner (CEC) Gyanesh KumarThe petition alleges that decisions were taken in the name of the Election Commission of India (ECI) without the approval of the other two Election Commissioners, Sukhbir Singh Sandhu and Vivek Joshi.
The matter was mentioned before a bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and VMohanaSenior Advocate Vikas Singh raised the issue before the courtThe bench agreed to list the matter next week.
What does the petition allege?
The petition, filed by Rakesh Kumar Singh, questions whether the CEC can exercise powers belonging to the Election Commission as a whole without a decision supported by the other members.
The petitioner has sought a writ of quo warranto, asking CEC Gyanesh Kumar to explain the legal authority under which he allegedly acted on matters that require a decision of the multi-member commission.
The plea refers to the constitutional role of the ECI under Article 324 and provisions of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
According to the petition, decisions of the three-member commission are expected to be taken unanimously where possibleIf the members disagree, the matter is to be decided by a majority.
The allegations in the petition have not been established by the Supreme Court.
