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New Delhi: The Election Commission is once again at the centre of political debate regarding the Special Intensive Revision (SIR) of the voter list. According to an investigative report, Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi lodged written objections to certain decisions and orders of the commission at least 14 times in the last 10 months. The report claims that both commissioners raised questions over decisions in some cases being issued without their knowledge or approval.
However, the Election Commission has denied any internal differences on the basis of these allegations. According to sources associated with the Commission, all decisions including SIR have been taken unanimously. In such a situation, on one hand, questions are being raised regarding the objections recorded in the report, while on the other hand, the Commission has rejected any contradiction in the decisions.
According to the report, the objections of both the Election Commissioners were related to the process of registration of new voters, deletion and addition of names from the voter list, access to electoral data and certain orders related to the SIR. Some of the written objections raised questions about steps that the two commissioners allegedly considered unauthorised or not in accordance with the rules, the report said.
The report also said that between April and August, the two commissioners recorded separate notes on matters related to the commission's functioning and communications. These also included the issue of approval required for certain communications issued in the name of the Commission.
According to the report, a question related to SIR was added in Form-6 used for registration of new voters. In this, information was sought from the applicant regarding whether he or his parents or grandparents were in the voter list of the previous SIR.
The report claims that Vivek Joshi had questioned the process of this change in May and Sukhbir Singh Sandhu later demanded its removal. According to the report, Sandhu had filed a complaint in August calling for the removal to be "unauthorised and illegal".
The alleged objections of both the Election Commissioners are also said to include the issue of access to the digital database of the voter list. According to the report, Vivek Joshi expressed concern over the gradual centralisation of the election database and suggested that it be ensured that only the relevant statutory authorities have the permission to make changes.
Sukhbir Singh Sandhu also mentioned concerns over the reach of state level officials. According to the report, both the commissioners raised questions on the rights and monitoring system in the IT system related to the electoral roll.
After the report came out, opposition leaders have again raised their old allegations and demands regarding Chief Election Commissioner Gyanesh Kumar. TMC MP Derek O'Brien sought to bring forward in the Rajya Sabha the notice given earlier which was signed by the opposition MPs to initiate the process of removing the CEC. Congress and other opposition leaders have also raised questions about the report.
Some opposition leaders, including Shiv Sena (UBT) MP Sanjay Raut, have also raised questions on the functioning of the Election Commission and demanded action against the CEC. These are political allegations and the final conclusion of their support or denial can come only through the relevant constitutional and legal process.
According to the report, in the system of the Commission consisting of the Chief Election Commissioner and two Election Commissioners, there is generally a provision for taking decisions unanimously. If there is disagreement on any issue, the decision can be taken on the basis of majority under the law. The report also states that both the Commissioners had mentioned the need for collective decision of the Commission in some of their notes.
At present, the main centre of controversy is how to understand the written objections revealed in the report and the Election Commission's statement that “all decisions were taken unanimously”. The monitoring of the Supreme Court in matters related to SIR and the ongoing legal processes regarding voter lists in different states also make this entire controversy important.