The Supreme Court on Monday issued notices to the Election Commission and the Centre on petitions, flagging "several decisions" taken by the poll panel "without the approval" of its two election commissioners, news agency PTI reported.

The top court said it would examine the decisions taken by the Election Commission and annul any found to be contrary to the law. However, it declined to pass an interim order stopping Chief Election Commissioner (CEC) Gyanesh Kumar from taking decisions until the petitions are finally decided.

A Bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana also indicated that it may examine the legal provision granting immunity to the CEC even after the official leaves office.

"We will examine all the decisions. If any decision is not in accordance with the law, we will annul it. You know the power of the court," the Bench said. It also observed that the immunity given to the CEC was something even judges do not have.

Plea seeks CEC's suspension

The petition, filed by Rakesh Kumar Singh, asked the court to determine whether the CEC individually exercised powers that legally belong to the EC as a whole. It seeks a declaration that such actions were unauthorised and appropriate legal action against them.

Senior advocate Vikash Singh, appearing for Singh, sought an interim direction restraining Kumar from taking further decisions. He also sought the CEC's suspension, stating that citizens felt unsafe about their voting rights.

The top court, however, said suspending the CEC could affect the functioning of the EC. "If the CEC is suspended, the functioning of the Election Commission (EC) will be stalled," the Bench said. "Who will conduct the elections?"

The apex court said the EC must continue to function in accordance with its constitutional mandate. Singh argued that the two election commissioners could carry out the functions.

The Bench said it would first have to hear the responses of the concerned parties before passing any order.

Court seeks details on EC decisions

Singh said that the EC should be directed to take decisions only unanimously or by majority. The CJI said the law governing the commission had to be followed and that the court could intervene if it found violations.

"There is a mandatory law and we expect them to follow it. If there is any violation, we can very well undo it. If there is no unanimity or majority as mandated under the law, then the court can very well annul those decisions," the CJI said.

The Bench also said it could not pass an order ex parte without first examining the decisions taken by the poll panel.

Dispute over SIR decisions

The petition refers to a September 25 report by The Indian Express, which said Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised objections at least 14 times over 10 months to decisions and orders related to the Special Intensive Revision (SIR) of electoral rolls.

The report said the two commissioners had objected to certain decisions being issued without their knowledge or recommendation. The EC, in response, said differences of opinion and observations were a normal part of institutional deliberations. It maintained that its orders had full legal sanction and followed established statutory procedures.

Singh also claimed that an EC press release issued after the controversy over the report amounted to an admission of the allegations. CJI Kant said the top court could not base its decision only on newspaper reports and would have to consider the responses of the EC and the Centre.