Supreme Court seeks response on plea challenging immunity for Election Commissioners

The Supreme Court has issued notice on a public interest litigation challenging the legal immunity granted to the Chief Election Commissioner (CEC) and Election Commissioners under the Chief Election Commissioner and Other Election Commissioners Act, 2023.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana sought responses on the constitutional validity of Section 16, which protects the officials from legal proceedings over actions and statements made in their official capacity.

The petitioner, activist and lawyer Arun Kumar Agrawal, argued that the provision grants blanket immunity, even for actions taken in bad faith or beyond their jurisdiction. He contended that it deprives citizens of civil and criminal remedies and undermines accountability.

The plea has sought to have Section 16 declared unconstitutional.

The notice was issued during hearings on separate petitions challenging the Election Commission's Special Intensive Revision (SIR) of electoral rolls.

Questioning the SIR process, the bench asked whether it was intended to harass voters and why the exercise was urgent in Delhi when no election was imminent. Justice Joymalya Bagchi questioned whether voters could permanently lose their right to vote for failing to meet deadlines.

The court directed the Election Commission to display lists of deleted voters in local languages at the block level. It also asked the poll panel to keep the submission of enumeration forms open and avoid rigid deadlines.

The court clarified that deletion from the draft electoral roll or missing a deadline does not permanently disqualify a voter. Applications for inclusion or correction can be made until the last date for filing nominations.

The next hearing in the SIR matter is scheduled for November 19.