The Delhi High Court on Thursday has agreed to hear a plea by the Indian Youth Congress (IYC) challenging the denial of permission to hold a protest against Chief Election Commissioner Gyanesh Kumar at Jantar Mantar. Simultaneously, another fresh petition has been filed before the Supreme Court questioning the appointments of Kumar as CEC and Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi.
The Delhi High Court plea has been filed by IYC President Uday Bhanu Chib against the police order dated October 1 rejecting permission for the proposed protest. The organisation had sought approval to hold a peaceful demonstration involving around 100 to 150 participants and had undertaken to comply with conditions relating to security, traffic management and public order.
The petition contends that the police cannot use regulatory powers governing public assemblies to impose an outright prohibition without undertaking an individualised and proportionate assessment. It invokes the fundamental rights guaranteed under Articles 14, 19(1)(a) and 19(1)(b) of the Constitution and relies upon Supreme Court precedents recognising the right to peaceful assembly.
In the Supreme Court, petitioner Suri Payala has challenged the appointments of CEC Gyanesh Kumar and Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi. The Article 32 petition seeks writs of quo warranto against the three poll panel members, alleging that their appointments did not comply with the procedure prescribed under the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
The challenge covers the March 14, 2024 notifications appointing Kumar and Sandhu as Election Commissioners, Kumar’s subsequent appointment as Chief Election Commissioner through a February 17, 2025 notification, and Joshi’s appointment as Election Commissioner through the same notification.
The petitioner has alleged violations of Sections 5, 6 and 8(1) of the 2023 Act. A principal grievance concerns the Search Committee’s preparation of panels for vacancies in the Election Commission. According to the plea, when two vacancies arose in March 2024, only six names were recommended for the two posts, despite the petitioner’s contention that the statutory framework required a panel of five candidates for each vacancy.
The petition also questions whether the appointees possessed the requisite demonstrated experience in the management and conduct of elections contemplated under the 2023 legislation. It relies on publicly available service records to contend that the profiles of Kumar, Sandhu and Joshi do not specifically identify assignments relating to election management before their appointments to the Election Commission.
The petitioner has further sought production of the original records concerning the Search Committee and Selection Committee proceedings relating to the 2024 and 2025 appointments. The plea states that requests made under the Right to Information Act for these records remain pending.
The latest challenge comes amid a series of petitions before the Supreme Court concerning the functioning of the Election Commission under CEC Gyanesh Kumar. In another matter, the Court has issued notice on allegations that important decisions were taken without the participation or approval of the other two Election Commissioners.
The petitions have raised broader questions concerning the collegial functioning of the Election Commission under Article 324 of the Constitution and the statutory framework governing decision-making within the poll panel.
The post Plea against denial of permission for Jantar Mantar protest to be heard tomorrow in Delhi HC; another petition challenging appointments of CEC, ECs filed in SC appeared first on India Legal.