Shimla, October 3
A Shimla Rural District Congress Committee president Harikrishna Himral on Friday criticised the Chief Election Commissioner and the Centre over the functioning and legal safeguards governing the Election Commission, alleging that recent decisions had undermined electoral accountability and voters’ constitutional rights.
Addressing mediapersons here, Himral said the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 provides broad protection to election commissioners from civil and criminal proceedings for acts undertaken in the discharge of their official duties. Section 16 of the Act states that courts cannot entertain or continue such proceedings against a serving or former CEC or EC for acts, things or words done in the course of official duties. Himral also questioned the composition of the selection committee under the 2023 law, alleging that replacing the Chief Justice of India with a Union Cabinet minister altered the framework laid down by the Supreme Court in its 2023 judgment in Anoop Baranwal vs Union of India. The Supreme Court has subsequently recorded that the 2023 Act replaced the CJI with a Union Cabinet minister nominated by the Prime Minister in the selection committee.
He said petitions challenging provisions of the law, including Section 16, have been filed before the Supreme Court, with petitioners arguing that the provision provides excessive protection to members of the Election Commission.
Himral further alleged that CEC Gyanesh Kumar had acted in an “authoritarian” manner and claimed that the Special Intensive Revision (SIR) exercise had deprived more than 13 crore voters of their constitutional rights. These allegations were made by Himral at the press conference and represent the Congress leader’s political position.
He said the Congress was conducting a nationwide “Save Democracy, Save Country” campaign against what he described as the Election Commission’s “dictatorial functioning”.
Himral demanded the removal of the Chief Election Commissioner and called for criminal proceedings against him, alleging serious wrongdoing in the conduct of the electoral process. He also criticised Union Home Minister Amit Shah, holding him politically responsible for what he described as the “theft of the people’s mandate”, and demanded his resignation. Under the Constitution, the CEC can be removed only in a manner and on grounds similar to those applicable to a Supreme Court judge, while other Election Commissioners can be removed on the recommendation of the CEC.
