NEW DELHI: The ruling BJP on Monday said the Supreme Court’s decision to issue notices to the Election Commission (EC) and the Centre on pleas seeking the removal of Chief Election Commissioner (CEC) Gyanesh Kumar showed that all institutions in the country were “functioning independently” and there was no atmosphere of “fear and dictatorship”.“The country is moving in a very democratic way. Everyone is speaking their heart out. All procedures and systems are being followed. Where else could there be a better model of democracy? I feel India is celebrating democracy,” BJP MP and spokesperson Sambit Patra told reporters at a news conference at the party headquarters in Delhi when asked about the development.Also Read | SC seeks EC response on changes during SIR: Why has Form 6 become a flashpoint — explainedPatra’s remarks came after the Supreme Court sought responses from the EC and the Centre within a week on a plea challenging the manner in which the poll panel, led by CEC Gyanesh Kumar, allegedly took decisions without the approval of the two Election Commissioners, Sukhbir Singh Sandhu and Vivek Joshi.However, a bench headed by Chief Justice Surya Kant and comprising Justices Joymalya Bagchi and V Mohana refused to pass any interim order in the matter.The bench observed that it could not pass an order merely on the basis of a media report, which may or may not be accurate. However, it asserted that if any decisions of the EC were found to have been taken unilaterally by the CEC, the Supreme Court could reconsider or recall them.“They (EC) are expected to take unanimous decisions. If there is no unanimity, it has to be by majority. If records show some decision was not unanimous, etc., we will injunct those decisions and say they are ultra vires. Can we ex parte come to a decision that all decisions were unilateral? We expect them to respond in a clear, transparent manner,” the CJI said.The controversy stems from an Indian Express report published late last month, which claimed that Sandhu and Joshi had formally objected at least 14 times over the past 10 months to decisions and orders related to the Special Intensive Revision (SIR) of electoral rolls. The report alleged that some of these decisions were issued without their knowledge or recommendation.Also Read | ‘Form 6 has not been approved by us’: What SC said on EC’s SIR decision – top quotesAccording to the report, the poll panel’s ECINet software added a requirement for ancestral details and a link to the previous SIR in Form 6, the voter registration form, without the legal amendment required under election rules. The two commissioners reportedly objected to the change.
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The EC has since restored Form 6 to its original format in states where the SIR has been completed. However, the requirement continues in states and Union territories where the roll revision is still underway.Responding to the Indian Express report, the commission said that “differing views and observations” among its members were a “normal part” of deliberations in any multi-member institution. The EC also stated that all decisions, including those related to the SIR, were taken unanimously by Kumar and the two Election Commissioners.
