CJI: Provisions are substantially the same

Singh: One talks of procedure within ECI. That has to be unanimous. With respect to discharge of functions, that can be by unanimity. Distinction I want to make is...transaction of business and allocation of work has to be unanimous. I am not on change. S.16 is bringing in immunity...this was not there earlier. It makes it even more important...the kind of authority we are giving to CEC. Mr Sukumar Sen started as CEC...

JBagchi: This protection is perhaps only for President. It does not apply even to judges

Singh: Even Prime Minister does not have this. My prayer is to show how statute has exalted CEC to a pedestal even higher than SC judges. I want an interim order today to suspend CEC immediately...or divest him the authority to act is CEC

J Bagchi: Who will conduct elections?

Singh: Other 2 ECs can. The very basis of our democracy...this election, conducted for 76 years, with ECI having certain respect...personal involvement in electoral process has never been questioned. But today, the very CEC as a constitutional body is acting in a manner which is completely contrary to statute under which he is appointed. This country will burn!

CJI: Let's first have authenticated information on that. We can always annul any decision

Singh: Your lordships will never annul an election that has happened.