Stories
New Supreme Court Petition Challenges CEC Gyanesh Kumar's Authority, Seeks Collective ECI Decision-Making
N
News18•28-09-2026, 15:36
New Supreme Court Petition Challenges CEC Gyanesh Kumar's Authority, Seeks Collective ECI Decision-Making
- •A new petition in the Supreme Court challenges CEC Gyanesh Kumar's sole exercise of powers constitutionally vested in the multi-member Election Commission of India (ECI).
- •Social activist Rakesh Kumar Singh filed a writ petition under Article 32, seeking to enforce the ECI's collective decision-making framework and a 'quo warranto' writ regarding Kumar's authority.
- •The petition argues that Article 324 grants power to the 'Commission', not a single CEC, and cites Section 18 of the 2023 Act which mandates collective decisions, with majority vote for non-consensus matters.
- •It highlights objections from former Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi regarding 14 decisions and actions taken between October 2025 and August 2026 without their approval.
- •The petition seeks production of records like minutes and file notings, and a declaration that ECI powers under Article 324 must align with the constitutional and legal framework for collective decision-making.
Key Questions Answered
Social activist Rakesh Kumar Singh filed a writ petition under Article 32 to enforce the collective decision-making framework of the Election Commission of India and issue a 'quo warranto' writ regarding decisions allegedly made by CEC Gyanesh Kumar alone.
The two Election Commissioners raised at least 14 objections between October 2025 and August 2026 concerning decisions made without their approval, including changes to Form 6, the centralization of the electoral roll database, and foreign travel.
The ECI stated that all decisions taken by the Election Commission, including those related to the Special Intensive Revision, were unanimous and that the issues raised by the commissioners were part of normal administrative deliberations.
