Election Commission defends CEC powers in top court affidavit

The Election Commission of India, Chief Election Commissioner Gyanesh Kumar, and the two Election Commissioners have filed a joint affidavit stating that any attempt to restrain the functioning of the CEC goes against the law. Filed in the Supreme Court late on Monday, the nearly 250-page document stresses that a CEC can only be removed in the same manner and on the same grounds as a Supreme Court judge. The poll body called media reports about inner frictions and alleged authoritarian functioning insufficient as court evidence, adding that petitions based on news reports should not be maintainable. Petitioners challenging the CEC include the Leader of the Opposition in the Lok Sabha and other INDIA bloc leaders, alongside Rakesh Kumar Singh and advocate Shailendra Mani Tripathi.

Internal Decisions

The joint affidavit shows the CEC is aligned with Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi, noting that the Commission never released any internal notes to news agencies. Decisions follow a majority rule under Section 18 of the 2023 Act, ensuring no room for unilateral decision-making. Files pass through both Election Commissioners before reaching the CEC, though urgent orders can use electronic approvals when physical presence is not feasible. The affidavit indirectly confirmed that Mr. Sandhu and Mr. Joshi wrote to the Cabinet Secretary about Senior Deputy Election Commissioner Maneesh Garg regarding a controversial July 28 work allocation order. That July 28 order concerning IT oversight was never implemented.

Form Six and Appeals

The ECI denied that Form 6 was amended across special intensive revision orders in 2025 and 2026, explaining that the mapping declaration form is simply a supporting document submitted alongside Form 6 rather than part of the statutory form itself. Furthermore, the ECI confirmed that 16.10 lakh appeals filed in tribunals regarding voter inclusions in West Bengal rolls were indeed filed by officers of the West Bengal Chief Electoral Officer under the Representation of the People Act. Regarding Goa, the ECI stated that house visits helped 88 out of 97 voters who were initially left out fill Form 6 for inclusion, with their applications now accepted, while six were abroad and three held Portuguese passports.

Context

The Election Commission of India operates as a constitutional body responsible for administering election processes in the country. Disputes involving electoral rolls and internal commission procedures often reach the Supreme Court for legal resolution.