Protests against CEC must follow legal process, says ex-judge Singh

Former Uttarakhand HC judge Justice Lok Pal Singh said political leaders must follow due process for protests, seeking permission and using designated spots. His remarks came amid Opposition protests against CEC Gyanesh Kumar over electoral rolls.

'Follow Due Process for Protests'

Former Uttarakhand High Court judge Justice Lok Pal Singh on Wednesday stressed the need for political leaders to follow due process while staging protests against constitutional authorities, saying that while everyone has the right to protest, demonstrations should be held at designated places after obtaining the necessary permission. His remarks came amid intensified Opposition protests against Chief Election Commissioner (CEC) Gyanesh Kumar over the Special Intensive Revision (SIR) of electoral rolls and demands for his resignation.

Speaking to ANI, Justice Lok Pal Singh said Opposition MPs could protest against the CEC but should follow the prescribed legal procedure and seek permission from the Delhi Police before holding demonstrations. “As far as the protest is concerned, everyone has the right to protest... Some MPs of the Congress and other opposition parties protested against the Chief Election Commissioner and staged a dharna at Akashvani Bhavan. So far as the dharna is concerned, there are designated places. They can seek permission from the Delhi Police,” he said.

“Without permission, no one should be allowed to protest or enter the office of any government department, whether it is Akashvani, Doordarshan, the Supreme Court of India, or the Election Commission of India. There must be some sense of responsibility,” Justice Singh added.

He also emphasised that the Election Commission is a public office where constitutional authorities discharge their functions and said those seeking to meet the CEC or other Election Commissioners should first make a formal request. “The office of the Election Commission is a public office, and constitutional authorities sit there. So, if anyone wishes to meet the Election Commission of India, either the Chief Election Commissioner or another Election Commissioner of India, there must first be information and a request stating that we want to meet the Chief Election Commissioner or a particular Election Commissioner of India,” he said.

“Without a request, how is it permissible for anyone to enter the office of a public authority, whether it is the public office of the Election Commission of India or any other office?” he added.

On FIR and CEC's Resignation

Justice Singh was also asked about the FIR registered against Lok Sabha Leader of Opposition Rahul Gandhi, Congress leader Priyanka Gandhi Vadra and other MPs in connection with the protest. “If someone has entered without due process of law, without permission, the FIR has rightly been lodged. The police will take action, and the police should take action,” he said.

On the separate demand for CEC Gyanesh Kumar's resignation, Justice Singh said resignation was a matter for the office-holder, while removal from office followed a distinct constitutional procedure. “As far as resignation of the CEC Gyanesh Kumar is concerned, it is within the ambit of the person who is holding the post. At any point in time, if the person wishes to resign for any reason, whatever it may be, he can resign,” he said.

“But as far as the removal of the Chief Election Commissioner or any Election Commissioner of India is concerned, they cannot be removed by the government. It can only be done through impeachment,” he added.

Opposition Intensifies Protest

The remarks came as INDIA bloc MPs prepared to move towards Jantar Mantar on Wednesday to protest against the CEC over the SIR exercise. Heavy security was deployed near Jantar Mantar and Nirvachan Sadan ahead of the Opposition's protest.

Earlier in the day, Opposition parties led by Congress president and Leader of Opposition in Rajya Sabha Mallikarjun Kharge held a meeting to discuss the SIR issue and their demands from the Election Commission.

Leader of Opposition in the Lok Sabha Rahul Gandhi said the Opposition would continue its protest at Jantar Mantar after being denied permission to demonstrate at another location. “Yesterday, they said we cannot protest there, so we are taking the protest to Jantar Mantar... Gyanesh Kumar will have to resign. I want 100 FIRs on me, every FIR is a medal,” Gandhi said.

The Opposition has intensified its protests against the Election Commission, alleging irregularities in the SIR process and demanding greater transparency in the revision of electoral rolls. The Election Commission has maintained that its decisions have been taken in accordance with the applicable legal framework and that mechanisms are available to eligible voters to raise claims and objections.

Meanwhile, AAP leaders and workers were stopped by police barricades while marching from Sindhi Academy near Kashmere Gate towards the Delhi Chief Electoral Officer's office, where they were protesting over alleged “vote theft.” (ANI)

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