The Supreme Court on Tuesday, October 27, adjourned the hearing of a batch of petitions challenging the functioning of the Election Commission of India (ECI), granting the petitioners 10 days to file a rejoinder to the counter-affidavit the ECI filed on October 26, Live Law reported. The bench tentatively listed the matter on November 17.
Source: Live Law
A bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana heard the petitions, which allege — as an allegation yet to be decided — that several ECI decisions, including those on the Special Intensive Revision (SIR) of electoral rolls, were taken by Chief Election Commissioner (CEC) Gyanesh Kumar without the concurrence of the other two Election Commissioners, Live Law reported.
Source: Live Law
Senior Advocate Abhishek Manu Singhvi, appearing for the petition filed by Leader of Opposition Rahul Gandhi and INDIA Bloc leaders, asked the court to order that file notings and internal communications be preserved, saying the case turns on whether the decisions were unanimous or unilateral. "We know everything, we will examine," the CJI replied, Live Law reported.
Source: Live Law
Senior Advocate Menaka Guruswamy, for TMC MP Dola Sen's petition, contended that the ECI had tampered with Form 6 — an allegation the ECI's counsel, Senior Advocate Maninder Singh, refuted in court as rhetoric meant for outside, Live Law reported.
Source: Live Law
In its counter-affidavit filed on October 26, the ECI told the court that its three SIR orders were unanimous decisions of the Commission, that it had made no changes to Form 6, and that a plea to restrain the CEC from functioning is not maintainable because, under Article 324(5) of the Constitution, a CEC can be removed only in the same manner and on the same grounds as a Supreme Court judge, IANS reported.
Source: IANS
ANI, as reported by The Daily Jagran, said the court issued notice to the ECI and granted the petitioner 10 days to file a reply to the poll body's response, with the matter likely to be listed on November 17 or after the Diwali vacations. The allegations in the petitions remain allegations; the court has not decided them.
Source: ANI via The Daily Jagran