CJP's Saurav Das says courts can hear petitions against CEC, but accountability ‘will NOT be outsourced’ to courtrooms

"So because the courts are constitutional institutions, let them hear these new petitions against Gyanesh as many times as they want. Let them pass whatever orders they want to. But our democratic demand for Gyanesh Kumar’s accountability will NOT be outsourced to the courtrooms. The people will decide," he said.

Amid petitions being filed in the Supreme Court and High Courts challenging the actions of Chief Election Commissioner Gyanesh Kumar, Saurav Das has said the judiciary should be allowed to hear such cases, but maintained that the demand for accountability cannot be “outsourced” to courtrooms. In a post on X, Das said citizens could approach constitutional courts and seek judicial orders, but argued that accountability over the functioning of the Election Commission ultimately remained a democratic question to be addressed by the people.

“Several petitions are now being filed in the High Courts and the Supreme Court ‘against’ the actions of Chief Election Commissioner Gyanesh Kumar. But we must not forget what happened the last time citizens knocked on the doors of the judiciary,” Das said. He referred to the Supreme Court proceedings concerning the Special Intensive Revision (SIR) of electoral rolls in West Bengal and cited a remark attributed to Justice Joymalya Bagchi that voters who were unable to vote “this time” could vote “next time”.

"The Supreme Court ENSURED that the SIR happened in Bengal in whatever manner barely months before the election. When the consequences of mass voters deletions became impossible to ignore, Justice Joymalya Bagchi in that bench made an extraordinary observation that those unable to vote “this time” could vote “next time”," he said. “Who is to tell him that there is no ‘next time’ for a possibly stolen election?” Das said, while describing his concern over the consequences of voters being unable to exercise their franchise.

Das further said courts should hear petitions challenging the CEC and could pass orders according to law, but insisted that the broader democratic demand for accountability should not be left solely to judicial proceedings. “So because the courts are constitutional institutions, let them hear these new petitions against Gyanesh as many times as they want. Let them pass whatever orders they want to. But our democratic demand for Gyanesh Kumar’s accountability will NOT be outsourced to the courtrooms. The people will decide,” he said.

He added, “Because ultimately, neither an Election Commissioner nor a judge owns Indian democracy. We, the People, do.” The remarks come amid a continuing controversy over the functioning of the three-member Election Commission and the nationwide SIR exercise.

An investigative Indian Express report had claimed that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi raised objections on record on multiple occasions over matters relating to electoral rolls, voter registration and deletion, changes to Form 6 and electoral-roll data management. The Election Commission, however, has rejected suggestions of an internal rupture, saying written observations and differing views are part of normal institutional deliberations. The poll panel has maintained that all decisions, including those relating to SIR, were taken unanimously with the approval of all three Election Commissioners. (ANI)