The Hindu·4 min read·hard

Plea in Supreme Court says CEC Gyanesh Kumar can be probed and tried like an ‘ordinary accused’

Plea in Supreme Court says CEC Gyanesh Kumar can be probed and tried like an ‘ordinary accused’
✦AI Summary

A Supreme Court petition argues that Chief Election Commissioner Gyanesh Kumar should be subject to investigation and trial like an ordinary citizen. The plea follows reports of internal dissent regarding his alleged unilateral and unauthorized decisions.

Why it matters

The case raises significant questions about the legal immunity of constitutional authorities and the independence of the Election Commission of India.

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A petition was moved in the Supreme Court to subject Chief Election Commissioner Gyanesh Kumar to police investigation, evidence gathering and regular trial like an “ordinary accused”.

The plea by Supreme Court advocate Shailendra Mani Tripathi, represented by advocate Chand Qureshi, said the allegations raised against Mr. Kumar in an investigative newspaper report did not show any reasonable nexus with his official functions and responsibilities, and included tampering with the electoral roll. The allegations constitute a cognisable offence under Section 32 of the Representation of the People Act, 1950 as well as the Bharatiya Nyaya Sanhita (BNS).

Mr. Tripathi submitted that Mr. Kumar, in the light of the allegations, would be divested of any statutory or constitutional immunity, the Chief Election Commissioner (CEC) remains directly accountable under the law—subject to police investigation, evidence gathering, and regular trial proceedings as an ordinary accused.

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