New Delhi, Oct. 5: The Supreme Court is scheduled to hear petitions on Monday challenging the functioning of Chief Election Commissioner (CEC) Gyanesh Kumar and questioning whether he exercised powers vested in the Election Commission of India (ECI) without the approval of the other two Election Commissioners.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana is hearing the matter. The petitions raise questions about collective decision-making within the poll panel and the legality of decisions associated with the Special Intensive Revision (SIR) of electoral rolls.
The pleas follow reports that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi recorded at least 14 objections between October 2025 and August 2026 concerning decisions and procedures linked to the ECI.
Petitions Challenge CEC’s Authority and ECI Decision-Making
One petition argues that Article 324 of the Constitution vests the superintendence, direction and control of elections in the Election Commission as a body, rather than in the Chief Election Commissioner acting individually.
The petitioner has also cited Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The provision deals with decision-making by the multi-member Commission, including the use of majority decisions when members disagree.
The petition refers to alleged objections by Sandhu and Joshi concerning changes to Form 6, access to electoral roll databases, communications and orders issued in the name of the ECI, foreign travel and appeals filed before tribunals in West Bengal.
The petitioner has sought a declaration that the Commission’s powers cannot be exercised or represented as decisions of the ECI unless they comply with the applicable constitutional and statutory framework. The plea also seeks preservation and production of relevant records.
Another petition seeks an independent judicial inquiry or a Special Investigation Team headed by a retired Supreme Court judge to examine allegations concerning the poll panel’s functioning and disputed decisions. The pleas also seek action against Kumar, including suspension.
The allegations remain subject to judicial consideration. The Supreme Court has not established that the disputed decisions were unlawful.
The Election Commission has maintained that differences and written objections among its members do not amount to an institutional breakdown. It has said internal notes and observations are part of the normal deliberative process within a multi-member constitutional body.
The hearing is expected to examine the legal questions raised by the petitioners concerning the ECI’s decision-making framework and the authority under which the disputed actions were taken.
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