The Supreme Court of India is set to hear important petitions questioning the decision-making process of the Election Commission of India (ECI), particularly regarding actions taken by Chief Election Commissioner (CEC) Gyanesh Kumar. The concerns revolve around allegations that the CEC took multiple decisions unilaterally without the consent of the other Election Commissioners, which could be a breach of the constitutional mandate governing the ECI.
What is the Issue?
The ECI is a multi-member constitutional body designed to function through collective decision-making, involving the CEC and two other Election Commissioners. However, recent reports have surfaced stating that about 14 key decisions between October 2025 and August 2026 were made solely by the CEC Gyanesh Kumar, despite objections raised by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi.
These petitions have sought judicial intervention to uphold the principle that no single member should hold overriding authority in deciding matters of the Commission.
What is the Petitions Seek
- Declaration of Multi-member Decision-making: The primary request is a declaration from the Supreme Court that decisions of the ECI should only carry validity if made collectively, with the concurrence of all Commissioners.
- Review of Records: Petitioners want the Court to examine the internal records of the ECI to assess whether the challenged decisions followed the constitutional and statutory framework.
- Interim Suspension of the CEC: In one petition, the suspension of CEC Gyanesh Kumar during the investigation is sought to ensure impartiality.
- Quashing of the Decisions: Some petitions demand that the 14 contested decisions be declared null and void.
- Independent Judicial Inquiry: There is a call for an independent investigation led by a retired Supreme Court judge, supported by experts in cybersecurity and information technology, to uncover the facts and ensure transparency.
Parties Involved
- Rakesh Kumar Singh: Filed a petition seeking a declaration reinforcing the collective decision-making principle and suspension of the CEC.
- Advocate Shailendra Mani Tripathi: Filed a petition aiming to nullify the 14 decisions allegedly taken unilaterally.
- Rahul Gandhi and other INDIA Bloc leaders: Jointly filed a similar petition against the contested decisions for judicial scrutiny.
Election Commission’s Response
The ECI has submitted a counter-affidavit denying the allegations, asserting that all decisions were unanimously taken and adhered to the principle of collective functioning. The petitions will be heard by a Supreme Court bench consisting of Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana. For ongoing updates on this case and related legal news, stay tuned to trusted sources.