An RTI reply obtained by transparency activist Commodore Lokesh Batra has revealed that the cabinet secretariat believed it should not intervene on complaints from election commissioners Sukhbir Sandhu and Vivek Joshi against senior deputy election commissioner Maneesh Garg.
The cabinet secretariat has disclosed letters from Sandhu and Joshi to cabinet secretary T.V. Somanathan on July 29 that said Garg had changed the work allocation of officers while holding additional charge of the administration division of the Election Commission. The official in charge of the division, Bhanu Prakash Yeturu, was on leave during this time.
The Indian Express had reported in September that Garg’s order had removed deputy election commissioner Sanjay Kumar from his oversight role concerning the poll panel’s information technology division.
Sanjay Kumar had cautioned the IT division in November last year, even before the ECINET software was launched, that any IT system must comply with the statutory powers of electoral registration officers, district election officers and chief electoral officers.
At least two chief electoral officers have complained that the ECINET software prevented electoral registration officers from recording their decisions on the eligibility of voters during the special intensive revision.
Sandhu wrote: “This has happened in spite of repeated and explicit oral and written instructions to all concerned officers by the undersigned against taking such actions without prior discussion/ approval of the Commission.”
This was one of at least 14 points of dissent that Sandhu and Joshi had expressed against the poll panel’s actions under chief election commissioner Gyanesh Kumar, the Express had revealed.
Yet, the cabinet secretariat was wary of intervening to stop what Sandhu and Joshi were calling a “violation of Section 18(1) and 18 (2)” of the CEC and ECs Act, 2023.
The RTI reply also reveals a cabinet note on the matter, dated August 4, that says: “The above communications are from the ECs in their individual capacity and, while they must be taken with due seriousness, they cannot be seen as a formal communication from the Commission as a whole.
“Although Shri Maneesh Garg has been appointed by the ACC (Appointments Committee of the Cabinet), he is now an officer of the ECI and his work and conduct is to be regulated and monitored by the rules and guidelines of ECI.”
The cabinet note adds: “The ECs have sent these communications for appropriate action; however, in the absence of any official communication from the Commission as a whole, any action at this stage may be inappropriate. It may also be construed as interference in the functioning of the Constitutional Body.
“Hence, it would be appropriate to send acknowledgement to both Election Commissioners with a copy to PPS (principal private secretary) to CEC for information of CEC.”
This was done the following day, with copies of Sandhu’s and Joshi’s letters marked to the department of personnel and training as well.
After the Express reports, a meeting of the full Election Commission — with all three commissioners present — was held on September 26 and a series of reforms to the functioning of the poll panel announced.