Plea in Supreme Court says CEC Gyanesh Kumar can be probed and tried like an ‘ordinary accused’

The Supreme Court has been petitioned to allow Chief Election Commissioner Gyanesh Kumar to be investigated and tried like an "ordinary accused" following allegations raised against him in an investigative newspaper report. The petition argues that the allegations do not show any reasonable nexus with Kumar's official functions and responsibilities, and that they constitute a cognisable offence under Section 32 of the Representation of the People Act, 1950, as well as the Bharatiya Nyaya Sanhita (BNS).

The petition contends that once the logical and legal coherence between the act and the official obligation ceases to exist, the doctrine of "reasonable nexus" breaks down, making the statutory protection available under Section 16 of the Chief Election Commissioner and other Election Commissioners Act, 2023 ineffective. The allegations include tampering with the electoral roll, altering statutory forms without legislative authority, disenfranchisement due to software failures, and unauthorised subversion in West Bengal.

The petition emphasizes that the status of a public servant does not confer legal legitimacy or protection upon malicious or criminal conduct, and that intentionally manipulating records or subverting the constitutional electoral process cannot be treated as an integral part of those duties.

Brief written by urgent.news from The Hindu's own syndicated text. Machine-written — may contain errors; check the original before relying on it.