The Election Commission of India.
Credit: PTI Photo
New Delhi: Seven former High Court judges on Monday wrote a letter to the President of India, the Chief Justice of India and the Election Commission, expressing their deep anguish and dissatisfaction at the present goings-on with regard to the general elections 2024.
Raising their concerns about the fairness of the elections, they said, "It pains us to say that no Election Commission in the past has been as reluctant as the present one to discharge its duties, despite violations being repeatedly brought to its attention by responsible organisations and respected members of society."
Out of seven former judges, Justices G M Akbar Ali, Aruna Jagadeesan, D Hariparanthaman, P R Shivakumar, C T Selvam and S Vimala are from the Madras High Court and Justice Anjana Prakash is from the Patna High Court.
The ex judges, who claimed no affiliation to any political party, reminded each of the authorities and institutions charged with the integrity of the process of democratic government formation of their paramount duty to abide by and uphold the Constitution of India.
In their letter, they said several events over the past weeks were making for a "very grim storyline; one that may possibly end in a violent conclusion".
"These are genuine apprehensions in the minds of the vast majority of our people. Reputed civil and human rights organizations and activists have also echoed the same apprehension. There was genuine concern about the way the General Election - 2024 is being conducted by the Election Commission of India (ECI) and that if the present ruling dispensation loses people’s mandate the transition of power may not be smooth and there could be a constitutional crisis," the letter said.
They claimed the Election Commission's refusal to disclose the exact numbers of votes cast in each booth of every constituency and to make form 17(C) of conduct of election Rules available to the public, along with the minimal action taken against hate speech targeting minorities and opposition parties by senior leaders of the ruling party, are major concerns.
They said they hoped that their apprehensions would be wrong and the elections would end smoothly with counting of votes and declaration of results done in a fair and honest manner and formation of parliament as well as transition of power taking place as per the mandate of the people without a hiccup.
"In the event of a hung parliament, onerous responsibilities will be placed upon the shoulders of the President of India. We are sure that she will follow the established democratic precedent of first inviting the pre-poll alliance that garnered the largest number of seats. Also, that she would endeavour to preempt the possibilities of horse-trading," they said.
At this critical juncture, the Supreme Court of India, as the final authority vested with power to defend and protect the Constitution and democracy, should be ready to take proactive action to prevent any potential catastrophe or to address any monstrous situations that may arise during counting and declaration of results of candidates who have contested in Lok Sabha 2024 elections, requiring its immediate intervention, they added.
They called upon the Supreme Court to ensure that top five judges are present even during the ongoing summer vacations to respond to any constitutional crisis which might emerge in the present situation.
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