Election Commission Rift over SIR and CEC Gyanesh Kumar

Opposition parties have sought the removal of Chief Election Commissioner (CEC) Gyanesh Kumar after an Indian Express investigation reported that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi recorded at least 14 objections in 10 months to certain SIR-related decisions.

Major Issues Raised

1. Changes to Form 6

• The Commissioners objected to adding a question in Form 6 for new voter registration linking applicants or their relatives to the previous SIR electoral roll.
• Sandhu reportedly termed the change “unauthorised and illegal”, arguing that such modification required amendment of the relevant rules.

2. Centralisation of Electoral Roll Database

• Concerns were raised over the alleged centralisation of access to ERONet/ECINet, which manages electoral rolls.
• The Commissioners argued that statutory Electoral Registration Officers (EROs) should retain proper control and access over voter databases in their constituencies.

3. West Bengal Appeals

• Questions were raised over who authorised appeals against voters who had been restored to the rolls by judicial officers during the SIR process.
• Sandhu reportedly sought details on who filed such appeals and under whose authority.

4. Goa Voter Exclusions

• In Goa, 97 voters found eligible by local EROs were reportedly left off the final roll because the centralised software lacked a mechanism to reverse earlier deletions.
• State officials repeatedly sought a software “rollback” facility, but it was not enabled before publication of the final roll.

What Does the Law Say?

• Article 324 vests the superintendence, direction and control of elections in the Election Commission of India.
• Under Section 18 of the 2023 CEC and Election Commissioners Act, Commission business should, as far as possible, be conducted unanimously.
• Where Commissioners differ, the matter is to be decided according to the majority view.
• The CEC is therefore the first among equals, not a sole decision-maker within the three-member Commission.

Election Commission’s Response

• The ECI said internal notes, differences and technical suggestions are normal elements of institutional decision-making.
• It stated that all official orders and administrative directions carry full legal sanction and follow the 2023 Act and established procedures.
• The Commission also said that major electoral reforms, including the SIR, were ultimately based on unanimous decisions of the full Commission.

Political Responses

• Congress and other Opposition parties have demanded CEC Gyanesh Kumar’s resignation/removal and greater disclosure of the internal dissent notes; these are political demands, not judicial findings of wrongdoing.
• The BJP has argued that internal disagreement demonstrates institutional deliberation and democratic functioning, and rejected Opposition allegations against the Commission.

Significance

• The controversy raises questions about collegial decision-making within the Election Commission, decentralised control of electoral rolls, transparency of the SIR process and protection of voter inclusion.
• The key institutional issue is whether Election Commission decisions are being made consistently with Article 324 and the collective decision-making requirements of the 2023 Act.