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Supreme Court Issues Notice Over Alleged Unilateral Decisions by Chief Election Commissioner
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Supreme Court Issues Notice Over Alleged Unilateral Decisions by CEC
On a Monday, the Supreme Court bench headed by Chief Justice Surya Kant and including Justices Joymalya Bagchi and V Mohana issued notice to the Election Commission of India (ECI) and the Union Government. The court sought written responses within a week to a public-interest litigation (PIL) that challenges a series of decisions taken by Chief Election Commissioner (CEC) Gyanesh Kumar without the concurrence of Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi.
Allegations in the Petitions
Petitioners Rakesh Kumar Singh and advocate Shailendra Mani Tripathi contend that between October 2025 and August 2026 the poll panel led by CEC Kumar made roughly 14 decisions—including software changes and guidelines—despite recorded objections from the two other commissioners. The filings also allege that 13 crore voter records were deleted from electoral rolls during the “SIR” (Supplementary Incremental Revision) exercise, a claim that the petitioners say violates statutory duties under Article 324 of the Constitution and Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
Court’s Interim Ruling and Potential Remedies
The Supreme Court declined to grant an interim order suspending CEC Kumar, stating that it requires the ECI’s response before taking such action. The bench indicated that if the commission’s reply shows that any of the contested decisions were taken without the required unanimity, the court could recall or annul those decisions. The judges emphasized that any protective provisions applicable to the CEC do not extend to the judiciary.
Responses from Petitioners and Legal Counsel
Senior counsel Vikas Singh, representing petitioner Singh, urged the bench to declare that decisions vested in the Election Commission must be unanimous and to suspend the CEC pending inquiry. He argued that unilateral action undermines the credibility of the EC and threatens democratic stability. The petition also seeks a judicial inquiry or a special investigation team headed by a retired Supreme Court judge to examine the alleged deletions and procedural breaches.
Potential Implications for Election Governance
If the court ultimately finds that the CEC acted beyond his authority, the ruling could reinforce the collective decision-making model of the Election Commission and set a precedent for judicial oversight of internal EC actions. Conversely, a finding of procedural compliance would affirm the current operational latitude of the CEC, shaping how future electoral reforms and software updates are implemented.