Times of India3 hours agoLaw2 min readIndia

CJI: No meet with Congress, it'll violate 'separation of power'

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Chief Justice of India Surya Kant declined a meeting requested by Congress president Mallikarjun Kharge and MP Rahul Gandhi to discuss 'vote chori' allegations, stating that similar issues are already pending adjudication before the Supreme Court and that a meeting would contravene the separation of powers, which is part of the Constitution's basic structure.
The CJI advised that grievances should be raised via a petition, which would be given priority hearing if filed before 4pm Monday.

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Why It Matters

Congress leaders sought to meet the Chief Justice of India to discuss allegations of 'vote chori' (vote theft) amid protests demanding the resignation of the Chief Election Commissioner Gyanesh Kumar. The CJI declined the meeting, citing that similar matters are already under judicial consideration and that executive engagement on such issues would violate the separation of powers.

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NEW DELHI: CJI Surya Kant Sunday declined requests from Congress president Mallikarjun Kharge and MP Rahul Gandhi, who wanted to meet him Monday to apprise him about "vote chori" allegations amid protests in Delhi seeking CEC Gyanesh Kumar's resignation. In an email response, the CJI said similar issues were already pending adjudication before Supreme Court and a meeting on the issue raised by the netas would "contravene the iconic principles of separation of power, which is part of the basic structure of Constitution", sources in the CJI office told TOI. The response said SC was not endowed with any administrative power in this regard and only had an adjudicatory role under Constitution. It said the party or any of its functionaries could file a petition highlighting their grievances and the court was bound to adjudicate it. The sources said the CJI stated that SC was committed to giving a priority hearing to important issues and serving citizens of the country.

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The sources said the CJI wrote that if so advised, a petition could be filed by the person concerned or the party in SC before 4pm Monday, and would be given priority hearing on the judicial side along with other similar petitions. Kharge, in a social media post Sunday, said, "We will continue our fight. Tomorrow, we are also going to meet CJI. I have written a letter, and Rahul Gandhi has also written a letter. We have scheduled a meeting between 4-5pm, during which we will apprise him of the situation... Chaos is being created in the country by home minister and PM, and everywhere an undeclared emergency is imposed."

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What to Watch

AI outlook — possibilities, not facts

Congress will file a petition in the Supreme Court regarding the 'vote chori' allegations before the 4pm Monday deadline mentioned by the CJI.
Likely · Within hours

Open Questions

What specific evidence do Congress leaders have regarding 'vote chori' allegations?
Will Congress file a formal petition in the Supreme Court as suggested by the CJI?
How will the protests and political pressure evolve if the Election Commissioner does not resign?