Bhopal (Madhya Pradesh) [India], September 24 (ANI): Former Election Commissioner Om Prakash Rawat on Thursday emphasised that any decisions taken without consensus or a majority vote violate established statutory rules.
Speaking to ANI, Rawat highlighted that the ECI functions as a multi-member body where no single official, including the Chief Election Commissioner, holds unilateral authority. He underlined that any decision is made through consensus or majority.
"That is the Election Commission's system, where all three Commissioners give suggestions and contribute their views on how things should be done. That is standard procedure. However, when a decision is made, it must be by consensus or by a majority vote," he said.
"If two Commissioners are on one side, that forms the majority. Their objection is that while they expressed a different view, Gyanesh Kumar proceeded independently. That is the issue," he added.
Despite the mounting criticism and demands from opposition parties questioning the integrity of recent electoral processes, Rawat ruled out the possibility of retroactively cancelling concluded elections.
"No one can cancel an election once completed. What is done is done," he remarked.
Further, Rawat emphasised that formal administrative and constitutional mechanisms must first be set into motion in order to call for the resignation of CEC Gyanesh Kumar.
"Someone has to initiate formal proceedings. If someone moves, then the subsequent steps will be seen," he said.
Speaking on the alleged changes made in Form 6, Rawat noted that the poll panel exceeded its legal mandate by altering statutory requirements without formal approval from the President of India or Parliament.
He said that there are two types of applications in Form 6, one for the new voters and another for the old voters.
"If a 40-year-old person comes to enrol their name and has never been registered anywhere before, suspicion arises as to where they were all this time," he said, giving an example.
"The form for that case is slightly different, requiring additional information about parents and related details," he added.
He further explained that this time ECI mandated everyone to provide details, even though it does not have the authority to do so. He underlined that this authority rests with the President.
"But what the Election Commission did this time is apply the second type of form to everyone. Even if someone is 18 years old, they are now required to provide details about where their parents were and what they did. This has led to controversy, as it effectively amounts to an amendment to Form 6. The Election Commission has amended it, even though the Election Commission has no authority to amend any form. That authority rests solely with the President," he said.
His remarks came after a media report published by The Indian Express said that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi objected at least 14 times over 10 months to decisions and orders related to the SIR process.
The Election Commission however, said that all decisions of the Election Commission of India, including those related to SIR, were taken unanimously with the approval of both Election Commissioners and the Chief Election Commissioner. (ANI)
"Decision must be made through consensus or majority": Former EC OP Rawat flags procedural violations in ECI
