RTI Reveals Cabinet Secretariat Sent Election Commissioners’ Letters to CEC Gyanesh Kumar

The Cabinet Secretariat forwarded letters written by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi to Chief Election Commissioner Gyanesh Kumar over alleged misconduct by senior deputy election commissioner Maneesh Garg, according to documents obtained through a Right to Information (RTI) application.

The letters, dated July 29, were also sent to the Department of Personnel and Training (DoPT). The RTI response indicates that the CEC’s office was consulted as a possible next step, although the only formal response sent to the two commissioners was an acknowledgement of receipt.

Documents released under the RTI Act show that on August 3, the Cabinet Secretariat proposed seeking Kumar’s opinion on the matter. A note dated August 4 stated that the letters had been written by the commissioners in their individual capacities and did not constitute formal communication from the Election Commission of India (ECI).

Acknowledgements dated August 5 were copied to senior officials in the DoPT and the principal private secretary to the CEC.

According to sources, had earlier reported that the letters were forwarded to the DoPT but that the Cabinet Secretary did not initiate action because they were not formal communications from the Election Commission.

Secretariat Flags Possibility of Interference

The RTI documents, provided to transparency activist Commodore Lokesh Batra (Retd.), also show that the Cabinet Secretariat cautioned against any action that could be interpreted as interference in a constitutional body.

In a note dated August 4, the secretariat recommended placing the matter on record with the DoPT for consideration in future decisions concerning Garg.

Batra filed the RTI application on September 24, seeking details of the action taken on the commissioners’ complaints.

Sandhu and Joshi had sent nearly identical confidential letters to Cabinet Secretary TV Somanathan on July 29. Sandhu attached a copy of an order issued by Garg on July 28 that allocated responsibilities among himself and other Election Commission officials, including Director General (IT) Seema Khanna and Deputy Election Commissioner Sanjay Kumar.

Dispute Over IT Department File Routing

The dispute reportedly centred on Garg’s decision to alter the routing of files handled by the Election Commission’s IT department under Khanna. These files had previously been sent to the CEC.

According to the commissioners’ letters, Garg was given additional charge of the Administration Division on July 28 while Deputy Election Commissioner Bhanu Prakash Yeturu was on leave until August 9.

The commissioners alleged that Garg issued a work-allocation order within hours of taking on the additional responsibility. The order covered officers senior or equivalent to him, they said, without prior consultation with the commissioners.

Both Sandhu and Joshi referred to Sections 18(1) and 18(2) of the Chief Election Commissioner and Other Election Commissioners Act, 2023. Joshi also alleged that a file he had requested from the Administration Division was not provided to him.

RTI Reply Lists Acknowledgements, Not Substantive Action

In response to Batra’s question about the steps taken on the complaints, the Cabinet Secretariat’s information officer listed the acknowledgements and endorsements associated with the letters.

The disclosures come amid a wider controversy over the Election Commission’s IT systems and the handling of electoral rolls.

An investigation by media reported that a new IT protocol introduced by Khanna and approved by the Election Commission restricted access to the electoral-roll database for Electoral Registration Officers (EROs), who are responsible for adding or deleting voters’ names.

The investigation also reported differences among election commissioners, including disagreements between Sandhu and Joshi and CEC Gyanesh Kumar.

The Election Commission has denied claims of internal divisions, maintaining that its decisions were taken unanimously or by majority in accordance with established rules.

ABOUT THE AUTHOR

Susmita Modak

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Always love to raise the unraised matter. In a world of worries, I am always ready to come over my comfort zone and taking the step ahead of spreading awareness.

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