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SC to hear pleas seeking CEC Gyanesh Kumar’s suspension over alleged unilateral decisions
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CEC removal is governed by Parliament’s impeachment process under Article 324(5)
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Why admit the pleas? The report cites Abhishek Singhvi’s view that court hearings can legitimise or delegitimise grievances
The Supreme Court is scheduled to hear on Monday, October 5, a batch of petitions seeking the suspension of chief election commissioner Gyanesh Kumar and challenging decisions allegedly taken by the poll panel without the approval of the other two election commissioners.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana will hear the pleas filed by Patna resident Rakesh Kumar Singh and advocate Shailendra Mani Tripathi, who have also challenged decisions, guidelines and software changes allegedly made by Kumar without the concurrence of his two colleagues.
The PIL, filed by Patna resident Rakesh Kumar Singh, has urged the top court to determine whether Kumar has been individually exercising powers that legally belong to the Election Commission (EC) as a whole, and, if so, to declare those actions unauthorised and take appropriate legal action.
The irony is that the decision of the Supreme Court in this case is a foregone conclusion. The apex court has no authority to remove the chief election commissioner. The president appoints the CEC for a tenure of six years. Gyanesh Kumar’s term as the CEC ends in February, 2029. Article 324(5) of the Constitution explicitly states that the CEC can be removed from office only “in like manner and on the like grounds as a Judge of the Supreme Court.” Read with Article 124(4) of the Constitution, which contains the process for removing a Supreme Court judge, removal can only be “on the ground of proven misbehaviour or incapacity.”
Misbehaviour can comprise any corrupt practices or abuse of office. Over the years, courts have interpreted this to include actions which are incompatible with the office of the CEC or the CEC’s failure to discharge her official duties. Incapacity refers to a situation where the officer is unable to perform her duties.
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