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Tag: Election Commission of India

  • What happens if Gyanesh Kumar resigns as Chief Election Commissioner?

    What happens if Gyanesh Kumar resigns as Chief Election Commissioner?

    Calls for the resignation of Chief Election Commissioner (CEC) Gyanesh Kumar have intensified after an investigation by The Indian Express reported repeated objections by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi over decisions linked to the Election Commission of India (ECI) and the Special Intensive Revision (SIR) of electoral rolls.

    The report said that the two Election Commissioners recorded dissent on at least 14 occasions over 10 months. They raised concerns over decisions involving voter registration, deletion of names and the centralisation of voter database-related processes. Some of the steps were described in their notes as “unauthorised” and “illegal”.

    Gyanesh Kumar
    CEC resignation rules explained amid Gyanesh Kumar controversy | ANI

    The controversy has prompted opposition leaders, including Rahul Gandhi, to demand Gyanesh Kumar’s resignation. Gandhi said elections were “fundamentally broken” and called for the CEC to step down.

    Also Read | Election Commission announces 9 key decisions amid internal concerns: What changes?

    The Election Commission, however, has rejected the suggestion that the reported differences undermine its functioning. The poll body said, “All these decisions are an outcome of the unanimous decisions of the full Commission in the past one year.” It also said differing views are a normal part of institutional deliberations.

    How does a CEC resign in India?

    The resignation process is set out in Section 11 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. A CEC can resign at any time by submitting a written resignation addressed to the President of India.

    Election Commission
    CEC resignation rules explained amid Gyanesh Kumar controversy | ANI

    The law does not create a separate deputy CEC who automatically steps into the post when the office becomes vacant.

    Who takes over after the CEC resigns?

    A new CEC is appointed by the President. Under the 2023 Act, the appointment is made on the recommendation of a three-member Selection Committee comprising the Prime Minister, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.

    Also Read | CEC vs 2 Election Commissioners: What happens when ECI members disagree?

    The Act also provides for a Search Committee headed by the Cabinet Secretary to prepare a panel of five names for consideration by the Selection Committee.

    Election Commission announces 9 key decisions
    Chief Election Commissioner Gyanesh Kumar with Election Commissioners Sukhbir Singh Sandhu, and Vivek Joshi | ANI

    Meanwhile, the Election Commission remains a multi-member constitutional body under Article 324. A vacancy in the CEC’s office does not by itself mean that the other Election Commissioners leave office. The exact arrangements for conducting the Commission’s business during any gap before a new CEC is appointed would depend on the applicable constitutional and statutory framework and directions issued by the competent authorities.

    So, if Gyanesh Kumar were to resign, there would not be an automatic appointment of another individual as CEC. The next CEC would have to be formally appointed by the President through the process laid down under the 2023 law.

  • ECI dissent report sparks Opposition attack as poll panel rejects formal dissent claim

    ECI dissent report sparks Opposition attack as poll panel rejects formal dissent claim

    An ECI dissent report has triggered a fresh political confrontation between the Opposition and the Election Commission of India after an Indian Express investigation reported that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised formal objections to decisions taken by the poll panel. The report said the two commissioners recorded at least 14 objections over 10 months on issues linked to voter registration, deletion and restoration of names, changes to electoral forms and the management of voter data. The ECI, however, has rejected the description of these objections as formal dissent, saying differences and observations are part of institutional deliberations and that decisions of the full Commission were unanimous.

    An ECI dissent report has triggered a fresh political confrontation between the Opposition and the Election Commission of India after an Indian Express investigation reported that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised formal objections to decisions taken by the poll panel. (ANI)
    An ECI dissent report has triggered a fresh political confrontation between the Opposition and the Election Commission of India after an Indian Express investigation reported that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised formal objections to decisions taken by the poll panel. (ANI)

    ECI dissent report puts internal decision-making under scrutiny

    The ECI dissent report centres on objections reportedly raised by Sandhu and Joshi, who are members of the three-person Election Commission headed by Chief Election Commissioner Gyanesh Kumar. According to the Indian Express investigation, the two commissioners objected on record at least 14 times, including four instances on a single day, over decisions and orders they said had been taken without their knowledge.

    The reported objections covered matters directly connected with electoral rolls, including the addition of new voters, deletion and restoration of names and the handling of the voter database. The investigation also reported concerns over the centralisation of access to electoral-roll systems in Delhi and changes to Form 6, which is used by citizens seeking registration as voters.

    The ECI has disputed the interpretation of the exchanges. Its position is that commissioners may raise observations or suggestions during deliberations without those necessarily amounting to dissent on a final decision. The poll panel said all decisions taken by the full Commission during the period were unanimous.

    Also Read | What is ERONET? The ECI software at the centre of the SIR row

    The ECI dissent report quickly became a political issue, with Congress leaders using the findings to renew their criticism of the poll panel and its handling of the Special Intensive Revision, or SIR, of electoral rolls. (ANI)
    The ECI dissent report quickly became a political issue, with Congress leaders using the findings to renew their criticism of the poll panel and its handling of the Special Intensive Revision, or SIR, of electoral rolls. (ANI)

    Rahul Gandhi, Congress step up attack after ECI dissent report

    The ECI dissent report quickly became a political issue, with Congress leaders using the findings to renew their criticism of the poll panel and its handling of the Special Intensive Revision, or SIR, of electoral rolls.

    Congress leader Rahul Gandhi accused the Election Commission, BJP and RSS of being involved in what he described as “vote chori” and said the issue amounted to an attack on the Constitution. These are political allegations and have not been independently established.

    Congress MP Manish Tewari also referred to the ECI dissent report while questioning whether the Election Commission was being influenced by an “invisible hand”. Tewari argued that if the reported objections reflected decisions being taken without following established procedures, the legality and credibility of those decisions would need examination. He also raised the possibility of proceedings against the Chief Election Commissioner. These were his political and legal arguments, rather than findings by a court.

    Trinamool Congress MP Derek O’Brien separately renewed a call for a Rajya Sabha motion seeking the removal of CEC Gyanesh Kumar. The Opposition’s response has therefore extended beyond the reported internal objections to broader questions about the functioning and accountability of the poll panel.

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    The ECI dissent report has emerged at a time when the Election Commission's SIR exercise is already facing intense political and legal scrutiny. (ANI)
    The ECI dissent report has emerged at a time when the Election Commission’s SIR exercise is already facing intense political and legal scrutiny. (ANI)

    ECI dissent report comes amid wider SIR controversy

    The ECI dissent report has emerged at a time when the Election Commission’s SIR exercise is already facing intense political and legal scrutiny. The Indian Express investigation said the objections raised by Sandhu and Joshi concerned issues at the heart of electoral-roll management, including new voter registration and deletion of names.

    One reported dispute involved changes to Form 6, with the two commissioners objecting to the addition of questions related to voters’ or their relatives’ presence in earlier electoral rolls. The investigation reported that they described the change as unauthorised and illegal.

    At the same time, the ECI has maintained that the reported exchanges do not establish a formal split in the Commission. It has said that individual views, observations and suggestions are normal during deliberations and that final decisions remained unanimous.

    The ECI dissent report has consequently opened a debate over how a constitutional body should record and understand internal disagreements. While Opposition parties have treated the reported objections as evidence of serious concerns, the poll panel has characterised them as part of its normal decision-making process. The significance of the controversy will depend on how the coming weeks examine the underlying objections, procedures, and decisions.