The Supreme Court will hear today petitions seeking suspension and prosecution of Chief Election Commissioner Gyanesh Kumar over SIR decisions allegedly taken unilaterally.A Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana will hear the matters.The petitions also seek a declaration that the CEC cannot take decisions for the Election Commission of...
The Supreme Court will hear today petitions seeking suspension and prosecution of Chief Election Commissioner Gyanesh Kumar over SIR decisions allegedly taken unilaterally.
A Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana will hear the matters.
The petitions also seek a declaration that the CEC cannot take decisions for the Election Commission of India without the concurrence of the other two Election Commissioners.
The petitions have been filed in the context of reports that about 14 decisions were taken in the name of the ECI despite objections recorded by the other two Election Commissioners, Sukhbir Singh Sandhu and Vivek Joshi. According to the petitions, the two Commissioners recorded at least 14 objections between October 2025 and August 2026 concerning various SIR steps.
One of the petitions is filed by Rakesh Kumar Singh, which, among other things, seeks a declaration that the decisions of the Election Commission of India, being a multi-member body, cannot be taken unilaterally. The petitioner has further sought examination of the primary records of the Commission to determine whether the disputed actions were undertaken in accordance with the constitutional and statutory framework.
As an interim relief, the petitioner seeks the suspension of Gyanesh Kumar as the CEC.
The second petition is filed by Advocate Shaildendra Mani Tripathi seeking a quashing of the 14 decisions which were allegedly taken unilaterally. The petitioner has sought the constitution of an independent Judicial Inquiry Commission/Special Investigation Team headed by a retired Supreme Court judge, assisted by cybersecurity and IT experts.
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Guruswamy: I stand by all prayers. Illegality is being protected by an unconstitutional law. Is this discharge of official duty? We have grown up with free and fair elections. It's gone now. Where is the sanction for such acts?
Court issues notice.
J Bagchi: Today if there is a personal case, ECI may not be protected
CJI: Lok Prahari matter is on 27 Oct. We are fixing earlier. We will see whether new provision... whether it was adhered to
Singh: Those 14 cases - let them bring the record. Record should not be tampered
J Bagchi: 2 Election Commissioners as per you [raised objections]
Sr Adv Menaka Guruswamy (for petitioner): Please see how SIR was conducted in Delhi. 2 new conditions added. I got a notice under this! Now there's another election cycle. CEC's functioning is biased to say the least!
CJI: Any modified Form 6 has not been approved by us. Let's be clear. When record has produced, we would like to see who has modified. But, your prayers appear jumbled up.
Singh: Alternatively, your lordships could say that till next date, they will only take unanimous decisions
CJI: They are expected to take unanimous decisions...if there is no unanimity, it has to be by majority. Today, you are going only on a news report
Singh: Press release of ECI has not denied allegations. Most vague
CJI: News report may be fully or partially correct. We will like their response
Singh: Your lordships must make clear that statutory scheme can't be violated
CJI: We will seek response of respondent 5-8 also. They will respond to us. There's a law, they are expected to follow. If we find that law was not followed, you know what can happen
Singh: What all will this court undo?
J Bagchi: If records show some decision was not unanimous etc., we will injunct those decisions and say they are ultra-vires. Can we ex-parte come to decision that all decisions were unilateral? We expect them to respond in a clear, transparent manner
Order - Issue notice.
CJI: Provisions are substantially the same
Singh: One talks of procedure within ECI. That has to be unanimous. With respect to discharge of functions, that can be by unanimity. Distinction I want to make is...transaction of business and allocation of work has to be unanimous. I am not on change. S.16 is bringing in immunity...this was not there earlier. It makes it even more important...the kind of authority we are giving to CEC. Mr Sukumar Sen started as CEC...
JBagchi: This protection is perhaps only for President. It does not apply even to judges
Singh: Even Prime Minister does not have this. My prayer is to show how statute has exalted CEC to a pedestal even higher than SC judges. I want an interim order today to suspend CEC immediately...or divest him the authority to act is CEC
J Bagchi: Who will conduct elections?
Singh: Other 2 ECs can. The very basis of our democracy...this election, conducted for 76 years, with ECI having certain respect...personal involvement in electoral process has never been questioned. But today, the very CEC as a constitutional body is acting in a manner which is completely contrary to statute under which he is appointed. This country will burn!
CJI: Let's first have authenticated information on that. We can always annul any decision
Singh: Your lordships will never annul an election that has happened.
#CECGyaneshKumar matter taken up
Sr Adv Vikas Singh (for petitioner): Kindly see S.10 of the Act that was there initially in 1991...the distinction made in 2023 Act...how with 2023 Act ECI authority has been enlarged..."the ECI may by unanimous regulate procedure for transaction of its business"...now please see 2018 Act...this was interpreted by Anoop Baranwal judgment. It's now superseded by 2023 Act and there's a split verdict. Some interim measures are required. Credibility of ECI so undermined that every citizen feeling unsafe.
CJI: What's the substituted provision?
Singh: Protection of CEC and ECs...ECI more powerful today than any other constitutional authority!