Supreme Court to hear plea against CEC Gyanesh Kumar over alleged unilateral ECI decisions
PTC Web Desk: The Supreme Court will hear next week a PIL seeking to restrain Chief Election Commissioner (CEC) Gyanesh Kumar from functioning in the post, amid allegations that certain decisions of the Election Commission were taken without the concurrence of its other two members.
The matter was mentioned before a Bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana. Senior advocate Vikas Singh sought an early hearing on behalf of petitioner Rakesh Kumar Singh. The Chief Justice agreed to list the matter next week.
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What does the petition allege?
The PIL refers to reports that around 14 decisions between October 2025 and August 2026 were taken in the name of the Election Commission despite objections allegedly recorded by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi.
The petitioner argues that powers assigned to the three-member Election Commission cannot be exercised by the CEC alone.
The plea relies on Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which provides that the Commission's business should, as far as possible, be conducted unanimously. Where the commissioners differ, the matter is to be decided by majority.
During Tuesday's hearing, Vikas Singh also raised questions over the decision-making process connected with the Special Intensive Revision (SIR) of electoral rolls.
Petition seeks action against CEC
The petitioner has asked the Supreme Court to restrain Kumar from functioning as CEC while the case is being considered.
The PIL also seeks a declaration that decisions falling within the authority of the Election Commission cannot be taken unilaterally by its CEC. It asks Kumar to explain the legal authority under which he allegedly exercised powers vested in the Commission as a whole.
Among other requests, the petition seeks suspension of the CEC pending adjudication, production of the Election Commission's original records and an independent inquiry or SIT headed by a retired Supreme Court judge.
Plea also raises concerns over voter rolls
The petition has also sought directions concerning changes to Form-6, which is used for applying for inclusion of a person's name in the electoral roll.
It asks that eligible citizens should not be denied inclusion merely because they fail to provide information in a disputed field until the legality of the requirement is decided.
The petitioner has further sought protection of existing electoral-roll data and related digital records, including systems used by the Election Commission, from irreversible changes while the matter remains pending.
SIR controversy at the centre of dispute
The case comes amid a wider controversy over the Election Commission's Special Intensive Revision of electoral rolls.
The petition alleges that decisions connected with the exercise were taken without the concurrence of the other Election Commissioners. The Election Commission, however, has maintained that decisions relating to the SIR were taken unanimously and has sought to address concerns surrounding its processes.
The Supreme Court's decision to list the fresh PIL next week means the court will now examine the petitioner's claims and the legal questions raised about the functioning of the poll panel.
Second petition against Gyanesh Kumar
This is the second petition before the Supreme Court concerning CEC Gyanesh Kumar amid the ongoing SIR controversy.
Last week, another PIL sought criminal prosecution of Kumar over alleged violations of statutory duties during the electoral-roll revision exercise. That petition also sought a judicial inquiry or SIT investigation into allegations concerning voter deletions.
- PTC NEWS
