NEW DELHI: The Supreme Court on Wednesday sought a response from the Centre and the Election Commission over a plea challenging immunity to Chief Election Commissioner and other Election Commissioners from any legal action for any decision taken in the course of their duties.A bench of CJI Surya Kant and Justices Joymalya Bagchi and V Mohanna issued notice to the poll body and Centre on a petition filed by activist and lawyer Arun Kumar Agarwal.According to Bar and Bench, the plea challenges the constitutional validity of Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.“Despite the absence of such blanket immunity, the Election Commission of India has successfully conducted elections over several decades. This shows that the Commission can function effectively without granting its members blanket immunity from legal proceedings,” the plea said.“The objective of protecting Election Commissioners from vexatious proceedings can be achieved through less restrictive measures, such as safeguards against frivolous complaints and prior judicial scrutiny. Granting blanket immunity is therefore excessive and goes beyond what is necessary to protect the independence of the Election Commission,” it added.
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“The said section takes away every civil and criminal remedy against the CEC and ECs for their acts. A voter whose name is wrongly deleted from the electoral roll, a candidate prejudiced by a mala fide act, and any citizen aggrieved by corruption in the functioning of the Commission are left without a remedy,” it further said.
