NEW DELHI, SEPTEMBER 29: The Supreme Court on Tuesday agreed to hear next week a Public Interest Litigation (PIL) seeking the suspension of Chief Election Commissioner Gyanesh Kumar and questioning the decision-making process of the Election Commission of India (ECI).
The matter was mentioned before a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana. Senior advocate Vikas Singh, who mentioned the matter, submitted that under the statutory framework, decisions of the multi-member Election Commission are required to be taken unanimously or by majority.
The Chief Justice agreed to list the matter next week.
The PIL, filed by Patna resident Rakesh Kumar Singh, seeks judicial examination of whether the powers vested collectively in the Election Commission were allegedly exercised by the Chief Election Commissioner without the required approval of the other Election Commissioners.
The petition refers to reported objections recorded by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi concerning several decisions related to the Special Intensive Revision (SIR) of electoral rolls. The petition claims that the two commissioners recorded at least 14 objections between October 2025 and August 2026.
Importantly, the petition itself states that the allegations should not be treated as conclusively established solely on the basis of media reports or the recorded objections. It seeks access to the ECI’s primary records, including meeting minutes, agendas, approval documents, file notings and other relevant material to determine whether the disputed decisions were properly authorised.
One of the issues raised concerns changes to Form-6, which is used for electoral-roll registration. The petition claims that objections were recorded regarding changes to the form and alleges that such changes required consideration under the applicable electoral rules.
The plea also raises questions concerning access and control of electoral-roll databases, IT-related work allocation and certain appeals filed in the name of the Election Commission before appellate tribunals in West Bengal.
The petitioner has sought a declaration that powers under Article 324 of the Constitution must be exercised by the Election Commission as a multi-member body and that official communications, orders or directions issued in the name of the ECI should be supported by decisions taken in accordance with the applicable legal framework.
As an interim measure, the petition seeks a direction restraining Gyanesh Kumar from exercising the functions of Chief Election Commissioner while the case is pending. It also seeks preservation and production of relevant physical and electronic records of the Election Commission.
The Election Commission has maintained that differences of opinion and observations are part of institutional deliberations and has said its orders carry legal sanction and follow established statutory procedures.
The Supreme Court is scheduled to consider the matter next week.
