Story perspectives

Supreme Court issues notice over SIR validity dispute

By Drooid · Oct 6, 2026, 4:17 AM UTC · How we work

Summary

Supreme Court Rejects Suspension

Supreme Court refused to suspend Election Commissioner Gyanesh Kumar and issued notice to the Election Commission.
Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana will seek Commission response.
Rakesh Kumar Singh alleges Gyanesh Kumar acted without consent of Sukhbir Singh Sandhu and Vivek Joshi.
Petitioners seek a quo warranto writ declaring the nationwide SIR void ab initio.
The court warned any non-unanimous decision could be annulled as ultra vires.

Summary

Kharge Demands EC Resignation

Congress President Mallikarjun Kharge demanded the Election Commissioner resign, SIR be annulled, and elections held on ballots.
The INDIA alliance scheduled a “Save Vote, Save Country” campaign with rallies and effigy burnings from Oct 10-20.
Six “Chalo Delhi” marches will converge in Delhi on Constitution Day, 26 November, under different opposition leaders.
Samajwadi Party chief Akhilesh Yadav and MPs plan a march from Parliament’s Makar Dwar to the Election Commission headquarters.

History

Historical Context

In 1994 the Supreme Court of India, in a nine-judge bench, issued S. R. Bommai v. Union of India, curbing the centre’s use of Article 356 and requiring a floor-test of majority. Today Chief Justice Surya Kant’s bench is invoking that precedent while hearing petitions to remove Election Commissioner Gyanesh Kumar, a step that could alter the 2024 election schedule.

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Supreme Court Rejects Suspension

Supreme Court refused to suspend Election Commissioner Gyanesh Kumar and issued notice to the Election Commission.
Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana will seek Commission response.
Rakesh Kumar Singh alleges Gyanesh Kumar acted without consent of Sukhbir Singh Sandhu and Vivek Joshi.
Petitioners seek a quo warranto writ declaring the nationwide SIR void ab initio.
The court warned any non-unanimous decision could be annulled as ultra vires.

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