SC seeks Centre, EC’s response on plea challenging immunity to CEC, Election Commissioners

New Delhi: The on Wednesday issued notices to the Centre and the (ECI) on petitions challenging the blanket immunity granted to the Chief Election Commissioner (CEC) and Election Commissioners under the Chief Election Commissioner and Other Election Commissioners Act, 2023.

During the hearing, a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana sought responses on a plea challenging the constitutional validity of the provisions. The law was passed by Parliament in 2023.

Provisions have become a bone of contention

Amid ongoing protests across the country over CEC Gyanesh Kumar, the immunity provision has become a major bone of contention.

The plea filed before the top court argued that blanket protection deprives citizens of the civil and criminal remedies available against the CEC and other Election Commissioners. The petitioner further contended that protecting the independence of the Election Commission does not mean granting immunity to its members, India Today reported.

SC raises questions over SIR process

Raising questions over the Special Intensive Revision (SIR) process, the court asked the poll body whether the exercise was designed to harass or frighten voters. It also questioned the need to conduct the exercise urgently in Delhi.

“Can you punish the voter for their negligence by taking away their voting rights permanently?” the court asked.  The top court also directed the Election Commission to display lists of deleted voters at the block level in local languages.

The court assured petitioners and voters that there was no need to panic as the matter was pending before it. The poll body told the apex court that it would consider extending the deadlines in the national capital and allowing the late submission of enumeration forms. The top court will hear the matter next on November 19.