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Prathamesh Gavankar Challenges CEC Orders at Over Dissent by Two Election Commissioners
A significant constitutional challenge has been mounted before the , questioning the legality of fourteen administrative orders and actions attributed to Chief Election Commissioner Gyanesh Kumar. The petition, filed by Prathamesh Gopal Gavankar through , alleges that these decisions were taken despite recorded objections by the other two Election Commissioners, Dr. Sukhbir Singh Sandhu and Dr. Vivek Joshi, raising fundamental questions about the collective functioning of the (ECI). A separate petition has also been filed challenging the Special Intensive Revision (SIR) of electoral rolls in Maharashtra, demanding transparency and safeguards against wrongful exclusion of voters.
The Core Allegations: A Crisis of
The writ petition, pending before the , specifically targets fourteen actions taken by CEC Gyanesh Kumar over the past ten months. According to a recent report, which the petition relies upon, these actions were subject to formal objections recorded by Commissioners Sandhu and Joshi. The disputed matters include unilateral changes to Form 6—the standard application for new voter registration—as well as decisions concerning deletion and restoration of voter names, appeals against orders restoring voters during the SIR process, and the management and access of the electoral-roll database.
The petition contends that the manner in which these decisions were taken amounts to a
"
"
governing the preparation, revision, and maintenance of electoral rolls. It argues that the ECI, while undertaking its electoral-roll related functions, is required to adopt a realistic, pragmatic, and flexible approach to ensure
. The alleged unilateral actions, taken despite recorded dissent, directly impact the petitioners'
under
and the constitutional
under
of the
.
The Dissent of Election Commissioners: A Breakdown of Institutional Checks
The reported objections by Election Commissioners Sandhu and Joshi highlight a serious breakdown in the within the ECI. The two Commissioners allegedly approached the Cabinet Secretary regarding changes in work allocation concerning the IT infrastructure handling electoral rolls, claiming that the changes were made without their knowledge or approval. They specifically objected to what they described as "unauthorised and illegal" changes to Form 6 and the gradual centralisation of access to the electoral-roll database.
The petition quotes the Commissioners' concerns that certain decisions were being taken without their knowledge, raising issues of statutory compliance and constitutional governance. The plea seeks quashing of the fourteen impugned actions, restoration of deleted voter names, and postponement of the forthcoming State Assembly Elections until legally compliant electoral rolls are prepared and approved. Additionally, the petitioners have requested the constitution of an independent Judicial Committee to examine the alleged irregularities.
A Separate Challenge: The Special Intensive Revision of Electoral Rolls
In a parallel development, a second writ petition has been filed before the through , challenging the constitutional validity and implementation of the Special Intensive Revision (SIR) in Maharashtra. Filed on behalf of two businessmen from Mumbai, this petition does not seek to stop the SIR process but demands transparency regarding its legal basis and methodology.
The petition argues that the ECI may make a limited electoral assessment but cannot conclusively determine citizenship. It states:
"Where the doubt remains, the matter must be referred to the competent authority under the
and the electoral consequence must abide by its decision."
The plea further alleges that although the ECI's Maharashtra instructions do not permit collection of documents during enumeration, Booth Level Officers have reportedly been asking citizens to furnish "supporting documents" while receiving Enumeration Forms.
The relief sought includes disclosure or production of the order and recorded reasons under which the SIR is being undertaken in Maharashtra, along with safeguards against wrongful exclusion of eligible voters. The petition emphasises that the limited relief is intended to ensure transparency and prevent arbitrary disenfranchisement.
Legal Implications: Constitutional Governance Under Scrutiny
These petitions raise profound questions about the functioning of the Election Commission, a constitutional body tasked with ensuring free and fair elections. The alleged bypassing of and the recorded objections by two Election Commissioners point to a potential violation of the principles of collective responsibility and .
Legal experts note that the ECI's decisions on electoral rolls directly affect the right to vote, which is the cornerstone of democracy. If the court finds merit in the allegations, it could set a significant precedent regarding the within multi-member bodies and the requirement of .
The demand for an independent judicial committee to examine the irregularities reflects a growing concern among civil society about the credibility of the electoral process. The outcome of these petitions could have far-reaching consequences for the conduct of elections across the country.
Impact on Electoral Integrity and Voter Rights
For legal practitioners, these cases highlight the increasing judicial scrutiny of the Election Commission's internal functioning. The petitions underscore the tension between the CEC's authority and the model envisaged for the ECI. If the agrees to quash the fourteen orders, it could lead to a re-evaluation of many administrative actions taken during the SIR process.
The challenge to the SIR process also brings attention to the use of summary procedures for voter deletion and restoration. The requirement for transparency and adherence to the Citizenship Act could lead to stricter guidelines for electoral roll revisions across states. For election law specialists, these cases may become reference points for future litigation concerning voter rights and .
Conclusion
Both petitions are expected to be mentioned before the respective benches of the on Monday, . The legal community will closely watch how the court addresses the allegations of unilateral decision-making and the demand for transparency in the SIR process. At stake is not just the validity of fourteen administrative orders, but the very integrity of the electoral machinery that underpins Indian democracy. The court's intervention could either restore faith in the ECI's collective functioning or expose deep fissures in its governance structure.
