New Delhi [India], September 25 : Senior Congress leader P Chidambaram on Friday alleged that Chief Election Commissioner Gyanesh Kumar had taken “completely unconstitutional, ultra vires” decisions and said he should step down from his post.
In an interview with ANI, the former Union Finance Minister also referred to the Election Commission statement following a report in Indian Express over the two Election Commissioners conveying their opposition to some crucial decisions and said the relevant files should be made public.
"Our accusation is that the Chief Election Commissioner is doing the work of the BJP. He represents the BJP. If the Election Commission has issued a statement that all decisions were taken unanimously—then make the files public," Chidambaram said.
The Indian Express report said that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised objections at least 14 times over 10 months concerning decisions and procedures related to electoral rolls and database access.
"Mr. Sandhu and Mr. Joshi have said that the official communications of the ECI have been issued without the ECI's approval. If the ECI's approval had been taken, show the file," Chidambaram told ANI.  
"Mr. Joshi has said that for over a year, no agenda before the meeting and no minutes after the meeting were circulated. I think the Election Commission has admitted that since 2018—that is, after the BJP came into power—no agenda is circulated, no minutes are circulated. How can a multi-member body function without an agenda, without minutes? Mr. Joshi and Mr. Sandhu have written to the Cabinet Secretary—separate letters on the same day. Make public the letters. Either the Election Commission should make public the letters, or the Cabinet Secretary must make public the letters," he added. 
He also questioned poll panel’s appeals before the West Bengal Tribunal, which is set up by the Supreme Court to hear appeals of persons excluded from electoral rolls. 
"Mr. Sandhu has raised the question: who authorized the filing of appeals on behalf of the Election Commission before the West Bengal Tribunal? The West Bengal Tribunal was appointed by the Supreme Court to hear appeals of those who have been excluded. Now, how can the ECI take advantage of that and file an appeal?... This is completely unconstitutional and completely illegal. If these differences were not there, and as the statement says, they were taken unanimously—make the files public. We'll see the files, you'll see the files, and we can draw our own conclusions," Chidambaram said. 
The former union minister said that party leader Rahul Gandhi and several opposition parties are demanding Kumar's resignation. 
"I read that Rahul Gandhi has asked for his resignation. I fully support it. I said yesterday that the Chief Election Commissioner should resign immediately. There are a number of political parties which have demanded the same thing," he said.
"It's now clear that the Chief Election Commissioner is acting as though he's the sole Election Commission. When the record shows that the two fellow election commissioners have disagreed and constitute a majority, disagreeing with this decision, then the Election Commission is a multi-member body; it should go by consensus, or unanimity, or by a majority. How can the Chief Election Commissioner impose his view as the decision of the Election Commission? What he is doing is completely unconstitutional, completely ultra vires the Act, and therefore he should step down," Chidambaram said.
Responding to the Indian Express report, the Election Commission, in a statement on September 23, said that all orders by the body carry full legal sanction and any queries raised by members at the stage of drafting procedures were standard practice.
 "The ECI is a constitutional body that functions under the strict mandate of Article 324 of the Constitution, statutory rules and established institutional conventions. The Commission operates as a multi-member constitutional body. Written notes, observations, technical suggestions and internal checks-and-balances are standard, ongoing practices designed to ensure complete transparency, legal compliance and operational rigour. All actions of ECI have been in accordance with laws and instructions of the Commission,” it said.
All official orders, decisions and administrative directions issued by the Commission carry full legal sanctions and follow established statutory procedures, the statement said.