Supreme Court to Review Election Commission's Decision-Making Process

The Supreme Court will review a petition that challenges the decision-making process of the Election Commission of India, led by Chief Election Commissioner Gyanesh Kumar. The petition raises concerns about whether decisions are made unanimously and calls for the suspension of the CEC until the matter is resolved. It also seeks an independent inquiry into the Commission's actions, particularly in light of objections raised by other Election Commissioners regarding electoral roll revisions. This case highlights significant issues surrounding the integrity and transparency of the electoral process in India.

By Narendra Chaudhary Sep 29, 2026, 12:27 IST

Supreme Court to Hear Petition on Election Commission's Decisions

File image of the full bench of ECI, led by Chief Election Commissioner Gyanesh Kumar, in a press conference in Guwahati. (Photo: @ECISVEEP/X)

New Delhi, Sep 29: On Tuesday, the Supreme Court announced it would hear a petition next week that questions the legitimacy of decisions made by the Election Commission of India, which is headed by Chief Election Commissioner Gyanesh Kumar.

The issue was brought before a panel consisting of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana.

Senior advocate Vikas Singh, who presented the case, informed the bench that according to the legal framework, decisions made by the multi-member Election Commission should either be unanimous or decided by majority.

He expressed concerns regarding the functioning of the Election Commission, stating there are significant doubts about whether its decisions are indeed unanimous.

The petition, filed by Rakesh Kumar Singh under Article 32 of the Constitution, contends that the powers granted to the Election Commission of India (ECI) under Article 324 should be exercised collectively by the multi-member body, not just by the Chief Election Commissioner (CEC), as reported by Live Law.

Additionally, the plea requests the suspension of the CEC until the case is resolved and calls for the preservation and production of both physical and electronic records of the ECI. It also seeks the establishment of an independent Judicial Inquiry Commission or a Special Investigation Team led by a retired Supreme Court judge to investigate the matter.

This petition arises following a report from the Indian Express, which indicated that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi Sandhu had formally raised objections at least 14 times over the past ten months regarding decisions related to the Special Intensive Revision (SIR) of electoral rolls, claiming these were made without their knowledge or input.

In response, the Election Commission stated that the correspondence from Sandhu and Joshi to the Cabinet Secretary was related to an officer on deputation, rather than issues concerning policy or IT divisions.