FIR in Telangana against CEC, ECs prompts govt to protect them from legal proceedings
Dec 12, 2023
New Delhi [India], December 12 : The First Information Report (FIR) against Chief Election Commissioner (CEC) Rajiv Kumar prompted the government to safeguard CEC and Election Commissioners (ECs) from legal proceedings related to actions taken during their tenure, provided such actions were carried out in the discharge of official duties.
The official amendment in the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 also seeks to insert a new clause in the bill to protect CEC and ECs from court cases while discharging their official duties.
This introduction of protection which is almost at par with the Judicial Officers Protection Act is a landmark decision protecting election machinery from criminal and civil liability in managing keenly and closely contested elections.
It may be recalled that a criminal case was registered against CEC Rajiv Kumar in Telangana.
The statutory role under Section 33 of the R P Act 1951 empowers Returning Officers (RO) to accept, process and decide on nominations for election. CEC had no role in the discharge of statutory duty reg affidavits filed by candidates before RO.
On a private complaint by S Raghvendra Raju against erstwhile MLA and Minister Shrinivas Gaud from Mahbubnagar about the display and removal of various affidavits related to his election in 2018, which falls squarely under the jurisdiction of returning officer, a special session court for MP/MLA in Nampally Hyderabad ordered investigation by local police station against constitutional authority.
It is pertinent to note that the high court of Telangana was already seized of the election petition in the same matter by the same complaint. Later the high court of Telangana suspended the special session judge Nampally's court on the administrative side for exceeding his jurisdiction and making a blatantly illegal order.
Similarly, Rajiv Kumar, the then EC had taken a stern stand to file a separate affidavit with the Madras High Court on the panel's role in conducting elections during the second wave of the Covid-19 pandemic.
Today Rajya Sabha passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 on Tuesday (December 12). The bill aims to regulate the appointment, conditions of service, and term of office for the chief election commissioner (CEC) and other election commissioners (EC), as well as outline the procedure for the functioning of the Election Commission.
