SC Refuses Interim Relief to Suspend CEC Gyanesh Kumar

The petition is heard by a three-judge bench with the Chief Justice of India Surya Kant, and Justices Joymalya Bagchi and V. Mohana.

It challenged the alleged unilateral functioning of the poll panel and wanted the court to scrutinize the decision-making of the Election Commission while enforcing collective decision-making in accordance with Article 324 of the Constitution. 

Pleas Raise Questions Over 14 SIR Decisions

The The petitions were moved after a report by The Indian Express, which alleged that objections were recorded by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi to the decisions relating to the Special Intensive Revision (SIR) of electoral rolls.

The petitioners stated that the Election Commissioners on at least 14 occasions between October 2025 and August 2026 raised objections to the decision to move the SIR.

The petitioners have said that certain decisions were made by the ECI in the name of the institution despite having opposed them. The petitioners have argued that the ECI being a multi-member constitutional body could not make decisions unilaterally. One of the pleas has sought the suspension of CEC Gyanesh Kumar as an interim relief.

Court Says Respondents Must Be Heard

During the hearing, the bench said the court needs responses from the concerned authorities first before considering any request for interim relief. The court further asked if an order can be issued without hearing the respondents.The court issued notices to the Union government, ECI, CEC Gyanesh Kumar, Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi and others.

Election Commission’s Stand

The row erupted after reports suggested that there were differences within the panel on certain aspects of the SIR exercise. The ECI has contended that decisions on the issue were taken unanimously by the election panel, while the two commissioners objected to the decision have been characterised only as suggestions.

In addition, the two Election Commissioners had written to the Chief Election Commissioner expressing misgivings on the voter-eligibility software. The ECI, however, argued that the matter pertained to an officer on deputation and had nothing to do with policy or the Election Commission’s IT unit.

No Suspension Order Against CEC Gyanesh Kumar

Supreme Court’s order implies that CEC Gyanesh Kumar will remain in the post till the court gets replies from the respondents on the petitions. The petitions against the ECI will now be taken up for hearing after replies from the concerned parties are placed before the court.

The proceedings come against the backdrop of increasing scrutiny on the functioning of the ECI as well as the decision-making processes around the controversial SIR exercise.