To
Shri Rajiv Kumar
Chief Election Commissioner (CEC)
Shri Gyanesh Kumar
Election Commissioner
Dr Sukhbir Singh Sandhu
Election Commissioner
Dear Dr Sukhbir Singh Sandhu, S/Shri Gyanesh Kumar/ Rajiv Kumar,
I feel somewhat concerned about the CEC choosing to attend an NDTV function recently at which the anchor was praising the way elections have been conducted, you being the chief guest adorning the occasion
Are you not conscious of the fact that NDTV is largely owned by the Adani Group against whom there have been multifarious accusations of acts of malfeasance? Are you not aware of reports on the Group’s presence in Maharashtra elections (https://www.thehindubusinessline.com/news/elections/gautam-adani-the-surprising-focal-point-of-maharashtras-election-drama/article68871164.ece)?
At the website of the ECI (https://www.eci.gov.in/about-eci), I find the following proud assertion on the status of the Election Commissioners”
“Appointment & Tenure Of Commissioners
The President appoints Chief Election Commissioner and Election Commissioners. They have tenure of six years, or up to the age of 65 years, whichever is earlier. They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India. The Chief Election Commissioner can be removed from office in like manner and on like grounds as a judge of the Supreme Court“
To deserve such a status, should not the three Election Commissioners follow the same self-imposed Code of Conduct as adopted by the judiciary?
In this connection, let me refer to the relevant portion of the “Restatement of Values of Judicial Life” adopted by the Hon’ble Supreme Court at its full Court Meeting on 7th May 1997 (https://main.sci.gov.in/pdf/Notice/02112020_090821.pdf), which, inter alia, laid down the following norm of conduct for judges:
“Justice must not merely be done but it must also be seen to be done. The behaviour and conduct of members of the higher judiciary must reaffirm the people’s faith in the impartiality of the judiciary. Accordingly, any act of a Judge of the Supreme Court or a High Court, whether in official or personal capacity, which erodes the credibility of this perception has to be avoided”
The above resolution is unambiguously clear and there can be no doubt whatsoever about the intent underlying it. Had anyone in your position read it and adequately assimilated its spirit, I am sure, that person would have thought twice before acceding to take part at a function that would cast a shadow on the impartiality of the ECI.You should know that the conduct of the Election Commissioners, who are a part of the Election Commission of India set up under Article 324, is constantly subject to public scrutiny and it is important that what you do in the public reinforces the public credibility of the institution of the ECI, not erode it.
When the Commission stipulates a Code of Conduct for political parties, it is ironic that it does not care to stipulate a Code of Conduct for itself!!
In this connection, I wish to remind you of my letter 3rd August 2024 addressed to you (https://countercurrents.org/2024/08/election-commission-should-clarify-adrs-findings-on-disparities-in-votes-polled-and-counted/) in which I had listed out several acts of commission/ omission on the part of the ECI which would suggest that the Commission had not fully acted in accordance with the letter and spirit of Article 324 of the Constitution. The Commission is yet to come up with a satisfactory public response in respect of the concerns expressed in that letter. Don’t you think that the Commission is accountable to the public on such concerns?
At the NDTV function, you seem to have said, “the ability to praise or see the positives is on a decline, … the trend of criticism (ninda ras), on the other hand, is on the rise“(https://www.ndtv.com/india-news/ninda-ras-increasing-election-commission-chief-rajiv-kumar-amid-complaints-over-evms-7190017)
There is a saying,
“The trouble with most of us is that we would rather be ruined by praise than saved by criticism.”
Yours sincerely,
E A S Sarma
Former Secretary to the Government of India
Visakhapatnam
9th December 2024
