Full Breakdown
Supreme Court Refuses Interim Suspension of CEC Gyanesh Kumar Amid SIR Controversy
By Drooid · · How we work
Core Event
On October 5, 2026, the Supreme Court declined to issue an interim order suspending Chief Election Commissioner Gyanesh Kumar. A three-judge bench—Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana—issued notice to the Election Commission of India (ECI) and the Centre, seeking responses to petitions alleging unilateral decisions during the Special Intensive Revision (SIR) of electoral rolls, including an unapproved modification to Form 6.
Background & Context
SIR is a nationwide exercise to update voter lists. The ECI launched the Bihar phase on June 24, 2025, claiming “unanimous approval” of the Commission; a Supreme Court judgment on May 27, 2026 upheld that order. *The Indian Express* reported that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi recorded at least 14 objections between October 2025 and August 14, 2026 to decisions taken in the name of the ECI, covering changes to Form 6, voter-deletion software, and filing of appeals.
Form 6 is the statutory application for first-time voter registration. The disputed amendment required applicants to declare whether they or their parents were mapped in a previous SIR—a requirement absent from earlier versions.
Data & Statistics
- 14 documented objections by the two other Election Commissioners over ten months.
- Senior advocate Menaka Guruswamy highlighted 16 lakh appeals pending before appellate tribunals, affecting voters in states such as Maharashtra and West Bengal.
Official Statements & Responses
The ECI asserts that all SIR-related decisions were adopted unanimously, carry full legal sanction, and comply with the Registration of Electors Rules, 1960. It characterises internal differences as normal deliberation.
Criticism & Opposition
- Rahul Gandhi, Leader of the Opposition, alleged that the CEC “illegally and unilaterally” changed Form 6 to aid the BJP, calling it a “criminal assault on our democracy.”
- Jairam Ramesh, congress communication chief, said the Supreme Court has a “remarkable opportunity to restore public confidence.”
- Mallikarjun Kharge, Congress President, labelled the ECI a “Cheating Commission of India” and demanded the CEC’s resignation.
- Senior advocate Vikas Singh warned that without interim relief “the country will burn,” emphasizing the perceived threat to electoral credibility.
Conflicting Reports & Gaps
The ECI’s September 26, 2026 statement asserted Supreme Court endorsement of the Form 6 declaration, whereas the Court on October 5, 2026 explicitly stated that no such approval existed. Petitioners claim the CEC acted without required unanimity; the ECI maintains that objections were merely “operational queries” during draft stages. No independent audit of the Form 6 change has been produced.
Verbatim Quotes
- “They are expected to take unanimous decisions…if there is no unanimity, it has to be by majority,” — Chief Justice Kant.
What’s Next
The Supreme Court has given the ECI and the Centre one week to file written responses. After reviewing the submissions, the bench may consider interim directions—such as ordering that the Commission take decisions only by unanimity or majority—and could annul any decision found to be ultra-vires.