According to a Cabinet note included in the RTI response to activist Commodore Lokesh K Batra (retd), both Commissioners alleged that Garg, after taking charge as link officer of the Deputy Election Commissioner (Administration), revised work allocations among senior deputy election commissioners, deputy election commissioners, directors general and equivalent officers without consulting the Commission or the officers concerned.
They said the changes were made despite repeated oral and written instructions against such decisions without prior discussion or approval. Joshi also alleged that the Administration Division did not provide him with a file he had sought.
The Commissioners said Garg’s actions violated the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, and departed from established practice.
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A Cabinet note dated August 3 proposed seeking the Chief Election Commissioner’s opinion on the complaints. However, a subsequent note observed that the communications were from the two Commissioners in their individual capacities and did not constitute a formal communication from the Commission as a whole.
It also noted that, although Garg had been appointed by the Appointments Committee of the Cabinet, his work and conduct were now governed by the Election Commission’s rules and guidelines. Citing Section 18 of the 2023 Act, the note said the Commission’s business should be transacted unanimously as far as possible, with differences settled by majority.
The Cabinet Secretariat concluded that taking action without an official communication from the Commission could be inappropriate and construed as executive interference. It recommended acknowledging both letters and marking copies to the Chief Election Commissioner’s office.
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Somanathan signed the draft note and acknowledged receipt of the complaints on August 5, 2026, with copies marked to the Department of Personnel and Training and the Establishment Officer for the record and future decision-making regarding Garg.
The Election Commission had said on September 26 that the revised work-allocation orders were never implemented following directions from the two Commissioners.
(With PTI inputs)