The Supreme Court on Monday (October 5, 2026) issued notice to the Election Commission (ECI) and the Centre seeking responses in a week on a plea challenging the manner in which the poll panel led by the Chief Election Commissioner (CEC) Gyanesh Kumar took decisions allegedly without the approval of two Election Commissioners.
The PIL, filed by Patna resident Rakesh Kumar Singh, urged the top court to determine whether Chief Election Commissioner (CEC) Kumar has been individually exercising powers that legally belong to the ECI as a whole, and, if so, to declare those actions unauthorised and take appropriate legal action. Senior advocate Vikas Singh urged the immediate suspension of the CEC, suggesting that the other two Election Commissioners fill in. Mr. “Till the Supreme Court finally decides, let the Election Commission take decisions unanimously. “In the meantime, ensure that the CEC does not take any decision unilaterally. The Supreme Court, after hearing the petitioners, issued a notice to the Central Government and the Election Commission.
“Direct that respondent No.3 [CEC] shall not exercise the functions of Chief Election Commissioner of India pending final hearing of the present petition; direct that during such period, the business of the Commission be transacted by the unanimous decision of respondent Nos. 4 [Sukhbir Singh Sandhu] and 5 [Vivek Joshi]; and direct that any appointment to the resulting vacancy be made upon the recommendation of a Committee, including the Hon’ble Chief Justice of India,” the plea stated. The plea seeks an investigation that must encompass, among others, an end-to-end audit of the Election Commission databases and probe the institutional circumstances under which 13 crore names were deleted across 30 States/Union Territories under the Special Intensive Revision.
Judge Bagchi, in response, said that petitions have to be filed with an eye on the working of the Constitution. Singh urged interim relief, or he warned that the “country will burn”. Put it in an order,” he said. It stated that Gyanesh Kumar, in light of the allegations, would be divested of any statutory or constitutional immunity; the CEC remains directly accountable under the law — subject to police investigation, evidence gathering, and regular trial proceedings as an “ordinary accused”.
The Supreme Court Bench heard a second petition against the CEC filed by advocate Shailendra Mani Tripathi. The petition has sought the Constitution of an independent, high-powered Judicial Inquiry Commission or Special Investigation Team headed by a retired apex court judge to probe allegations against CEC Gyanesh Kumar.
