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Hearing next week on petition against CEC Gyanesh Kumar
The Supreme Court has agreed to list the petition filed against Chief Election Commissioner (CEC) Gyanesh Kumar for next week. The petition has demanded that Gyanesh Kumar be restrained from exercising the functions of the Chief Election Commissioner till the final hearing of the case.
This case is related to the petition filed by petitioner Rakesh Kumar Singh. On Tuesday, senior advocate Vikas Singh mentioned it for early hearing before a bench headed by CJI Surya Kant. The bench also comprises Justice Joymalya Bagchi and Justice V. Mohana.
The petition raises questions about the decision-making process of the Election Commission and the role of the CEC. The petitioner alleges that some decisions relating to the collective powers of the Commission were taken without the consent of other Election Commissioners.
Petition seeks to restrain CEC from discharging his duties
Rakesh Kumar Singh’s petition seeks interim direction from the Supreme Court that Gyanesh Kumar should not exercise the duties of CEC until a final decision is reached. Apart from this, it has also been said in the petition that the legal validity of those decisions taken in the name of the Commission, which are controversial, should be examined.
The petition also challenges the decisions related to Special Intensive Review (SIR) and the subsequent action related to it. The petitioner has sought to declare these steps as taken without legal authority.
However, these are all the allegations made in the petition and the reliefs sought. The Supreme Court has not yet given any final conclusion on these claims. The court’s stand will become clear after the case is heard next week.
Questions raised about the ECI’s collective decision-making process
The petition cites the Election Commission’s collective role under Article 324 of the Constitution. The petitioner says that the Commission is a multi-member body and its decisions should be taken by consensus or majority as per the prescribed procedure.
The petition also mentions alleged objections raised by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi on some decisions. According to the petitioner, such objections were filed in approximately 14 cases between October 2025 and August 2026.
On the other hand, the Election Commission has stated that decisions related to SIR were taken unanimously by all Election Commissioners. Therefore, claims of both the parties are present before the court in the case.
The petition also challenges the Special Intensive Revision (SIR) of the electoral roll.
Along with questions regarding the functioning of the CEC, the petition also challenges the Special Intensive Revision (SIR) of the electoral roll. The petitioner has sought quashing of the SIR and its related orders, directions and further action.
The petition also said that the powers of the Election Commission should be used collectively. For this, the petitioner has demanded to place the records and documents related to the decisions of the Commission before the court.
There is already a political and legal debate going on regarding the functioning of the Election Commission regarding SIR. Now the hearing in the Supreme Court may reveal further details on the legal aspects of this dispute.
The petition also seeks a Quo Warranto.
Rakesh Kumar Singh’s petition also seeks a Quo Warranto regarding the powers of the Chief Election Commissioner. Through this, the court has been requested to investigate on what legal basis the relevant rights were exercised.
The petition also sought preservation of records related to the Commission’s decisions and their presentation before the court. These include meeting records, agendas, approval documents and other related material.
The court has not yet given any final order on the petition. In the hearing to be held next week, the Supreme Court will first consider the questions raised in the petition and the reliefs sought.
All eyes are on the Supreme Court hearing.
The case is likely to be heard before a three-member bench headed by Chief Justice Surya Kant. On Tuesday, the court had agreed to list the petition next week.
The petition, besides seeking an interim restraint on the CEC from discharging his duties, also questions the validity of the decisions related to the SIR. The court’s stand on these demands will be revealed in the next hearing.
At present, the allegations made against Gyanesh Kumar are under judicial investigation. The Election Commission says that its decisions have been taken as per the prescribed procedure, whereas the petitioner has raised questions on the decision making process.
The court’s stance will be clearer in the hearing next week.
The next Supreme Court hearing will be crucial in this matter, as the petition challenges the functioning of the CEC, as well as the Election Commission’s collective decision-making process and decisions related to the SIR.
Right now the court has only agreed to list the matter next week. There has been no final judicial decision on the removal of the CEC from office or the suspension of his functions.
Now in the next hearing, the Supreme Court will hear the constitutional and legal questions raised in the petition. Only after this it will be clear in which direction the court takes further action in this matter.
