CEC can be removed only like a Supreme Court judge, ECI tells top court

In Brief

1. The Chief Election Commissioner (CEC) can be removed only like a Supreme Court judge.
2. Any attempt to hinder the CEC’s functioning violates the 2023 Election Commission Act.
3. Form 6 was not amended as claimed.
4. West Bengal CEO’s officers appealed against inclusion of certain names.

The Election Commission of India (ECI) informed the Supreme Court that the Chief Election Commissioner (CEC) holds a constitutional post that can be removed only through a process similar to the removal of a Supreme Court judge. This position was presented through a common affidavit filed by the EC, CEC Rajiv Kumar, and Election Commissioners Anup Chandra Pandey and Arun Goel.

The affidavit emphasized that any attempt to restrain or impede the functioning of the CEC is contrary to the provisions under the 2023 Election Commission Act. The ECI rejected assertions regarding changes to Form 6, the voter registration form, stating explicitly that it was not amended as alleged.

Further, the affidavit outlined that officers of the West Bengal Chief Electoral Officer (CEO) filed appeals challenging the inclusion of certain names in voter lists, indicating ongoing procedural scrutiny in the state’s electoral rolls.

The submission by the ECI underscores the constitutional safeguards protecting the CEC's autonomy, highlighting the importance of maintaining the commission's impartiality and independence in administering elections.