Stories
SC Refuses Interim Suspension for CEC Gyanesh Kumar, Issues Notice to ECI
- •The Supreme Court declined to issue an interim order to suspend Chief Election Commissioner Gyanesh Kumar over alleged unilateral decisions regarding the Special Intensive Revision (SIR).
- •Instead, the Court issued notice to the Election Commission of India (ECI), CEC Gyanesh Kumar, and the other two Election Commissioners, seeking their responses to petitions challenging the decisions.
- •Petitions question whether the CEC can exercise powers constitutionally vested in the multi-member Election Commission without the concurrence of other Election Commissioners.
- •CJI Surya Kant observed that Election Commissioners are expected to make unanimous decisions, or by majority if there is no unanimity, and indicated that the Court could annul orders if records show decisions were not taken unanimously.
- •The plea also cited 14 objections from Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi regarding decisions and steps allegedly taken without their approval, including changes to Form 6 and access to the electoral roll database.
Key Questions Answered
The Supreme Court declined to grant an immediate interim suspension of Chief Election Commissioner Gyanesh Kumar. Instead, a bench led by Chief Justice Surya Kant issued a notice to the Election Commission of India, Kumar, and the other two Election Commissioners to respond to the allegations.
The petitions and contemporaneous records highlighted that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi recorded at least 14 objections between October 2025 and August 2026 concerning decisions, such as the Special Intensive Revision, issued without their approval.
The petitions relied upon Article 324 of the Constitution, which vests superintendence and control of elections in the Commission rather than an individual, and Section 18 of the 2023 Act, which mandates that matters without unanimity must be decided by majority.
