Supreme Court Seeks Response from Election Commission on Decision-Making Process

The Supreme Court has called for responses from the Election Commission and the central government regarding a petition that challenges the decision-making authority of Chief Election Commissioner Gyanesh Kumar. The petition raises concerns about decisions being made without the consent of other commissioners, seeking clarity on the legal powers exercised by the CEC. It also requests that the CEC be temporarily barred from his duties pending the outcome of the case. This inquiry follows reports of repeated objections from other commissioners regarding electoral roll decisions, highlighting potential governance issues within the Election Commission.

By Narendra Chaudhary Oct 5, 2026, 13:48 IST

Supreme Court's Inquiry into Election Commission's Authority

File image of full ECI bench with CEC Gyanesh Kumar (Centre) with two other election commissioners (Photo: @ECISVEEP/X)

New Delhi, Oct 5: On Monday, the Supreme Court issued notices to both the Election Commission and the central government, requesting their responses to a petition that questions the decision-making process of the poll panel led by Chief Election Commissioner Gyanesh Kumar. The petition alleges that decisions were made without the consent of the other two Election Commissioners.

A bench consisting of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana acknowledged the arguments presented by senior advocate Vikas Singh, representing the petitioner, and requested responses within a week.

The bench emphasized that decisions made by the Election Commission should either be unanimous or decided by majority, indicating that this is the expected protocol for all decisions.

The public interest litigation (PIL) was filed by Rakesh Kumar Singh from Patna, aiming to clarify whether CEC Kumar has been exercising powers that should be collectively held by the Election Commission.

Additionally, the petition seeks a ruling that any such actions are unauthorized and calls for appropriate legal measures against those involved.

The plea requests that the CEC be barred from performing his duties pending the final hearing of the petition, and that the Commission's business be conducted by a unanimous decision from the other two commissioners, Sukhbir Singh Sandhu and Vivek Joshi. It also calls for any appointments to be made based on recommendations from a committee that includes the Chief Justice of India.

This petition follows a report from The Indian Express on September 25, which revealed that Election Commissioners Sandhu and Joshi had raised objections at least 14 times over the past ten months regarding decisions related to the Special Intensive Revision (SIR) of electoral rolls.

The report indicated that these two commissioners claimed that decisions were made without their knowledge or input.

In response, the Election Commission stated that differing opinions and observations are a standard part of institutional deliberations, asserting that its orders are legally valid and follow established statutory procedures.