Supreme Court to Hear Petitions Against Chief Election Commissioner Gyanesh Kumar
The Supreme Court will examine petitions challenging the powers of Chief Election Commissioner Gyanesh Kumar on October 9.
New Delhi, October 5 (Daily Kiran) : The Supreme Court is set to hear petitions on October 9 that challenge whether Chief Election Commissioner Gyanesh Kumar can unilaterally exercise powers designated to the multi-member Election Commission.
According to the official case list published on the Supreme Court’s website, a bench comprising Chief Justice of India D.Y. Chandrachud, Justice Joymalya Bagchi, and Justice V. Mohan will preside over the matter.
Senior advocate Vikas Singh raised the issue before the Chief Justice on September 29, prompting the Chief Justice to order its listing for the following week.
The petitions call for strict adherence to the collective decision-making process within the Election Commission of India. They also request a writ of quo warranto to clarify under what authority the Chief Election Commissioner has allegedly made decisions in the name of the commission.
The petitions argue that Article 324 of the Constitution grants the authority to oversee, direct, and control elections not to a single Chief Election Commissioner but to the “Election Commission” as a whole. They reference Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which outlines the need for collective decision-making, stating that decisions lacking consensus should be made by majority vote.
The petitions highlight concerns raised by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi, who recorded at least 14 objections regarding decisions and actions taken in the name of the Election Commission without their approval between October 2025 and August 2026.
Specific objections detailed in the petitions include communications and orders allegedly issued without the Election Commission’s approval, absence of agendas and minutes from meetings, unauthorized foreign travel, changes to Form 6, access to the voter list database, and appeals filed in tribunals in West Bengal.
The petitions also address worries expressed by the two Election Commissioners about the “gradual centralization of the voter list database” and changes in the allocation of tasks within the commission’s IT establishment.
The petitioners seek a declaration that the powers vested in the Election Commission under Article 324 cannot be exercised or represented as the commission’s functions unless they adhere to the constitutional and legal framework governing the commission.
