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”.
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. 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. The Election Commission operates subject to the rule of law and is not a law unto itself.
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). “Article 324 merely grants the CEC security of tenure (subject to removal), not immunity from personal criminal liability… Additionally, Section 16 of the 2023 Act contains no explicit bar against police investigation or arrest,” the petition submitted.
The plea by Supreme Court advocate Shailendra Mani Tripathi, represented by advocate Chand Qureshi, said the allegations raised against Mr.
The petition said the “illegal” acts included the unilateral alteration of the statutory Form 6 to introduce a mandatory ancestral condition or ‘last SIR linkage’ for first-time young voters without legislative authority or amendment of the Registration of Electors Rules, 1960; disenfranchisement due to software failures; unauthorised subversion in West Bengal by filing over 16.10 lakh unauthorised appeals in the name of the EC to purge citizens restored by 700 judicial officers without the knowledge, authorisation, or sanction of the other two Election Commissioners or the Chief Electoral Officer (CEO) of West Bengal, etc.
