Full Breakdown
Supreme Court Defers Petitions Over Alleged Unilateral SIR Decisions by CEC Gyanesh Kumar
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Core Event: Court Defers Petointments and Grants Rejoinder Period
On October 27 2026, a three-judge bench of the Supreme Court—Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana—deferred hearing a batch of petitions challenging Chief Election Commissioner Gyanesh Kumar’s handling of the Election Commission’s Special Intensive Revision (SIR) of electoral rolls. The bench adjourned the matter to November 17 2026 and gave petitioners ten days to file rejoinders to the ECI’s counter-affidavit.
Background & Context
The SIR is a nationwide exercise to update voter lists. A *The Indian Express* report (September 23 2026) alleged that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi recorded at least 14 objections over ten months to SIR decisions taken without their concurrence, prompting protests and a “Save Democracy” rally in Delhi. Petitioners—including Rakesh Kumar Singh and Shailendra Mani Tripathi—seek a declaration that the CEC cannot act unilaterally and request his suspension.
Data & Statistics
- 14 alleged unilateral decisions between Oct 2025 and Aug 2026 (petitioners’ claim).
- SIR orders in question: June 24 2025, Oct 27 2025, May 14 2026.
- 97 voters in Goa reported as “left out”; the ECI clarified that 88 were already enrolled, 6 were abroad, and 3 held Portuguese passports.
- A compliance committee of experts from IIT Bombay and IISc Bengaluru was constituted on Oct 14 2026.
- The online application will be split into Form 6 and a separate declaration from Oct 21 2026 to align with the physical-form process.
Official Statements & Responses
The ECI filed a 248-page counter-affidavit asserting that all three SIR orders were unanimously approved by the three-member poll body, as required by Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. It maintains that Form 6 has not been amended; only the central government can change the form. The ECI acknowledged that the online presentation could be misread as an amendment and therefore separated the declaration on Oct 21 2026.
The Supreme Court, through Chief Justice Surya Kant, signalled readiness to scrutinise the matter, noting that the court “will examine” the issues raised.
Conflicting Reports & Gaps
- Petitioners’ allegation: CEC Gyanesh Kumar took at least 14 SIR decisions unilaterally, without the concurrence of the two other Election Commissioners.
- ECI’s defence: All three SIR orders were unanimous decisions; internal notes are not final decisions.
The Supreme Court has not yet ruled on the merits, leaving the factual dispute unresolved.
Timeline
- June 24 2025 – First SIR order issued (unanimous, per ECI).
- Oct 27 2025 – Second SIR order issued (unanimous, per ECI).
- May 14 2026 – Third SIR order issued (unanimous, per ECI).
- Sept 23 2026 – *Indian Express* report on internal objections.
- Oct 5 2026 – Supreme Court announces it will examine all EC decisions.
- Oct 14 2026 – Compliance committee formed.
- Oct 21 2026 – Decision to split online Form 6 and declaration.
- Oct 26 2026 – ECI files joint affidavit affirming unanimity.
- Oct 27 2026 – Supreme Court hearing; ten-day rejoinder period granted.
- Nov 17 2026 – Next hearing date.
What’s Next
The bench has scheduled a further hearing for Nov 17 2026. Petitioners must submit their rejoinders within ten days of the October 27 hearing, after which the Court will consider disclosure of internal communications, the legality of the SIR process, and the maintainability of pleas seeking the CEC’s suspension.