By Dr. Gyan Pathak
The new political narrative brought forward by the opposition INDIA bloc is that CEC Gyanesh Kumar is PM Narendra Modi’s tool through whom electoral democracy of India has been hijacked. No wonder, BJP is trying their best to defend CEC Gyanesh Kumar, to defend PM Modi, who is now in the direct firing line of INDIA bloc. Escalation of Anti-CEC movement from tomorrow October 2 is imminent which will run through entire week up to October 8. Moreover, several cases will come up for hearing against CEC and SIR in the Supreme Court of India and other High Courts, especially the Bombay High Court.
Then there is a twist in the case relating to 2023 Act for appointment of the CEC and ECs in which one of the Supreme Court Judge gave split verdict that indirectly helped CEC’s appointment under the law. The allegation is the judge’s son is on the CEC’s lawyer on panel. Matter is complicated because the same judge recently gave a verdict giving relief to CEC Gyanesh Kumar’s daughter Medha Roopam, DM of Noida, staying the strictures and the Rs. 5 lakh penalty ordered by Allahabad High Court quashing the NSA detention case of a student activist participated during Noida labour unrest.
Though the public perception is that CEC Gyanesh Kumar has been successfully managing cases against him and his decisions in Supreme Court and High Courts so far, he will have to undergo great difficulty in the next few days when the cases will come for hearing, especially after his several decisions were flagged even by other two Election Commissioners as ‘illegal’ and ‘authorised’, while he projected his decisions as the unanimous decisions of the ECI.
When the anti-CEC movement escalates after October 2, it will be reverberated across the country in which not only INDIA bloc parties, but also Gen Z under the banner of Cockroach Janata Party (CJP), Civil Societies, and other people will be participating.
This anti-CEC movement, that actually targets PM Narendra Modi is moving into a new stronger phase. Earlier, vote theft was the issue of Congress only, but it is now the issue of the entire INDIA bloc. This week will witness nationwide “Save Democracy” protests from October 2-8, Opposition MP’s march on ECI on October 6, Jail Bharo (fill the jails) movement from October 2 by CJP, and numerous other protest rallies across all the districts of the country. Since it will be unified campaign against the CEC, which is de facto against PM Narendra Modi, it will be stronger than any such movement so far.
Shifting of electoral narrative is clear. Vote theft slogan targets PM Narendra Modi just before the crucial state election early next year. Opposition has also demanded PM’s resignation along with CEC Gyanesh Kumar’s removal. INDIA bloc has planned to take the movement not only on streets but also in the parliament and the Courts. They are also planning to challenge Section 16 of the CEC and Other ECs appointment Act 2023, which grants CEC lifelong immunity.
The week will be tough for CEC Gyanesh Kumar, because he is under the feeling of institutional isolation within the ECI, within which two of the ECs are not supporting his all decision, especially which are “illegal” and “unauthorised”. With loss of credibility, he will find his way difficult in dealing with the matters within ECI, in the judiciary, and politically across the country. His actions, past, present and future will be scrutinised by judiciary, political parties, civil societies, and all others who want to protect electoral democracy of the country.
The CEC’s biggest problem is therefore not necessarily the protests themselves. It is the accumulating requirement to demonstrate that the Commission’s decisions can withstand independent scrutiny, internal dissent, judicial scrutiny and public examination.
All these have great significance for PM Narendra Modi also, because the political narrative around ECI, CEC, and SIR is not now in his control. He had kicked out Chief Justice of India from the appointment Committee, and appointed CEC Gyanesh Kumar, who has allegedly become his tool, brought SIR and took “illegal” and “unauthorised” decisions deleting over 13.3 crore of votes from the electoral roll so far. In many of the states, deletions and addition of voters helped BJP to win elections. BJP is defending ECI, but it seems BJP is losing its narrative, in the face disenfranchisement of citizens of India.
The issue has slowly moved from individual allegation on CEC Gyanesh Kumar, to institutional accountability, and vote theft being done on behalf of PM Narendra Mod’s BJP. As for PM Narendra Modi, the attack on the legitimacy of the electoral system rather than a particular government policy is highly damaging, potentially much more consequential politically. It forces BJP to defend, but defence this time is weak.
This week’s judicial developments are particularly important because three separate legal questions have now converged: (1) the constitutional status and collective functioning of the ECI/CEC, (2) the validity of the 2023 law governing appointments, and (3) whether SIR decisions and voter deletions were actually taken through the legally required institutional process. Supreme Court has agreed to examine precisely those questions.
The appointment of CEC and ECs Act 2023 has also entered second judicial phase, with a twist in the split verdict of September 23. A curative petition has been filed in the Supreme Court alleging involvement of son of one of the two judges on the bench
The issue of deletion of voters has now become more specific. Did ECI follow the legal procedure and the safeguards while actually deleting voters? Did ECI follow its rules? Were the ECI’s decisions actually the decision of the three-member commission? There are other such questions.
Bombay High court hearing on October 5 is also important, because it will be examining the question – What exactly happened in Maharashtra’s SIR and were the disputed ECI orders procedurally or legally valid? Goa Bench is examining – Were individual voters actually deleted through a lawful process? Calcutta, Telangana, and other HCs are examining the question – What remedy does an individual voter have when the electoral roll in wrong? Outcomes in all such cases will further impact on the narrative around CEC and PM Narendra Modi. (IPA Service)
