The Supreme Court on Monday, October 5, sought detailed responses from the Election Commission of India (ECI), Chief Election Commissioner (CEC) Gyanesh Kumar, and the two other Election Commissioners. The apex court's directive came in response to a plea alleging that key decisions were made within the poll body without the full Commission's consent.
A bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, however, declined to issue any interim directions at this stage, specifically refusing to suspend CEC Kumar. The court observed that such a suspension would significantly impede the ECI's functioning, questioning, "Who will conduct the elections?"
Senior Advocate Vikas Singh, representing the petitioner, suggested that the other two Commissioners could manage duties temporarily. He also urged the court to mandate that the ECI's decisions must be unanimous or by majority. Chief Justice Kant affirmed the existence of mandatory laws and expressed the court's expectation for the Commission to adhere to them. "If there is any violation, we will undo it," he stated.
Singh countered that the court's remedy might be limited, arguing, "Your lordships cannot undo an election, or undo an elected government." He further contended that the electoral roll itself stood vitiated due to these allegedly unilateral actions. Justice Bagchi questioned the feasibility of an ex parte order declaring all decisions unilateral without hearing the respondents. He clarified that if records reveal non-unanimous decisions, the court would injunct them as ultra vires.
The petition also seeks a writ of quo warranto, demanding Kumar explain his authority for acting without the concurrence of ECs Sukhbir Singh Sandhu and Vivek Joshi. It requests a declaration that no ECI act is valid unless backed by a unanimous decision or a majority vote in case of disagreement.
The plea cites an Indian Express report detailing at least 14 objections recorded by ECs Sandhu and Joshi between October 28, 2025, and August 14, 2026, against steps taken in the ECI's name without full Commission approval. Several of these concern the Special Intensive Revision (SIR) of electoral rolls and appeals filed in West Bengal tribunals, allegedly without the knowledge or authorisation of the two Commissioners. A separate petition by an advocate also seeks to quash these 14
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đź“° Source: Siasat Gulf