Deep rot: On the Election Commission of India’s functioning during its SIR
With the SIR thoroughly vitiated, CEC Gyanesh Kumar must resign
The consequences of the anomalies in the ECI’s decision-making and its functioning were the deepest in West Bengal. About 60 lakh electors were flagged for software-generated “logical discrepancies” — many were dubious — and 27 lakh names were deleted. Of the 38 lakh appeals pending before tribunals, 16.1 lakh were by those seeking to remove voters whom judicial officers had included; Mr. Sandhu’s question of who authorised filing them on the ECI’s behalf remains unanswered. Meanwhile, over nine in 10 appeals against deletion decided so far have restored the electors, which suggests that the exercise struck off lakhs of genuine voters before the West Bengal elections. The Hindu’s analysis also revealed that 24 of the 70 seats in Delhi now have fewer electors in draft rolls than those who actually voted just a year and a half ago. On Wednesday, Justice Dipankar Datta, as part of a two-judge Bench, held in his opinion that the 2023 Act’s replacement of the CJI, whom the Anoop Baranwal judgment had placed on the selection panel, with a Union Minister, fails the “perception test”. It was this panel that chose Mr. Kumar as CEC. Regrettably, the Supreme Court had earlier upheld the SIR without adequately confronting its design, which deletes electors before verification and places the burden of proving eligibility on the citizen rather than the state, thereby defeating the constitutional guarantee of universal adult franchise. Mr. Kumar must resign and the Court must halt further deletions until the roll database is audited. Anything less will be a defeat for India’s democracy.