NEW DELHI: The Supreme Court on Monday declined to pass order on plea seeking suspension of chief election commissioner Gyanesh Kumar over allegations that he took decisions on the Special Intensive Revision of electoral rolls without the consensus of the two other election commissioners.A bench led by CJI Surya Kant and Justices Joymalya Bagchi and V Mohana also issued notice to the Centre, Election Commission of India and its three commissioners on a plea that alleged that the powers vested in the poll panel as a multi-member constitutional body were being exercised without following the collective decision-making mechanism mandated by law.The bench also rejected the poll body's claim that the top court had upheld the declaration attached to Form 6, making it clear that it had not approved any modification to the form.

What the top court said

What is the controversy

A report by the Indian Express claimed that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had formally objected at least 14 times over the past 10 months to decisions and orders related to the SIR, alleging that some were issued without their knowledge or recommendation.

The report said the poll panel's software added a requirement for ancestral details and a link to the previous SIR in Form 6, the voter registration form, without the legal amendment required under election rules.

The poll panel however rejected the charges and said changes in the form were upheld by the Supreme Court . "The declaration attached to Form 6 for SIR has been upheld by the Hon’ble Supreme Court. For non-SIR period, the Forms applicable as per Rules (the Registration of Electors Rules 1960) will be used," it had said.The poll panel had also said that differences of opinion are normal in institutional deliberations and maintained that all its orders are legally valid and follow the prescribed procedures.