Full Breakdown
Supreme Court to Hear Petition Questioning Chief Election Commissioner Gyanesh Kumar’s Authority
By Drooid · · How we work
Core Event
On September 29 2026, the Supreme Court listed a petition alleging Chief Election Commissioner Gyanesh Kumar acted unilaterally, breaching Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. Filed by Rakesh Kumar Singh and represented by senior advocate Vikas Singh and advocate Mudit Gupta, the petition seeks a writ of quo warranto and a declaration that the Special Intensive Revision (SIR) of electoral rolls is unlawful.
Background & Context
A media report (The Indian Express, 23 September 2026) said Election Commissioners Dr Sukhbir Singh Sandhu and Dr Vivek Joshi lodged written objections on at least 14 occasions between 28 Oct 2025 and 14 Aug 2026 to decisions such as changes to Form 6, mass deletions during SIR, and centralisation of the ECINet database. The 2023 Act requires the Commission to act “as far as possible, unanimously,” with a majority decision otherwise. The petition argues this violates Article 324(1) of the Constitution, which mandates a multi-member Commission.
Data & Statistics
- 14 documented objections (Oct 2025 – Aug 2026).
- SIR, launched 24 June 2025, removed over 13 crore names from draft rolls in 30 states and UTs.
- West Bengal saw 16.10 lakh appeals against restored voters; Goa initially excluded 97 electors, later reporting 81 completed Form 6.
Official Statements & Responses
- The Commission says the declaration attached to Form 6 for SIR has been upheld by the Supreme Court and that the Registration of Electors Rules 1960 will apply outside the SIR period.
- Senior advocate Vikas Singh, before Chief Justice Surya Kant, contended that the statutory scheme demands unanimity or a majority, raising a “serious constitutional question.”
Criticism & Opposition
- Congress leaders (e.g., Rajni Patil, Pratibha Singh, Pawan Khera) demand the CEC’s removal, calling the actions “unauthorised and illegal.”
- BJP officials (e.g., Samik Bhattacharya, Ramdas Athawale) defend the CEC, saying SIR is essential for “cleansing” voter lists and that decisions are unanimous.
- CJP founder Abhijeet Dipke warned of a nationwide “Jail Bharo Andolan” on 2 Oct 2026 if the CEC does not resign.
On-the-Ground Reports
Conflicting Reports & Gaps
- The petition cites the 14 objections as proof of unilateral action, while the Commission’s press note claims all final orders were unanimous.
- Media differ on SIR’s impact: the Indian Express highlights the deletion of 13 crore names; the Commission frames it as a legitimate “clean-up.”
- No public statements from Commissioners Sandhu and Joshi have been recorded.
Verbatim Quotes
- “If Gyanesh Kumar does not resign by tomorrow, CJP will begin its nationwide protest from Mumbai on 2 October, and take it to cities across India. This Gandhi Jayanti, let's pledge to save democracy.” — Abhijeet Dipke
- “One called them 'unauthorised' and 'illegal'.” — the party
What’s Next
- The Supreme Court hearing is set for the week after 29 Sept 2026. The petition seeks preservation of all records from 1 Oct 2025 onward and an independent judicial inquiry into SIR.
- The Congress-led INDIA bloc will meet on 30 Sept 2026 to decide further action.
- The Election Commission has extended filing deadlines to 30 Oct 2026 (Delhi) and 12 Oct 2026 (Maharashtra), with disposal dates of 30 Nov 2026 and 10 Nov 2026, respectively.