A plea has been moved before the Supreme Court alleging that Chief Election Commissioner Gyanesh Kumar took several decisions concerning the functioning of the Election Commission of India (ECI) without the concurrence of the other members of the poll panel.
The petition questions the legality of decisions and directions allegedly issued without approval of the full three-member Commission and contends that powers vested in the ECI as a multi-member constitutional body cannot be exercised unilaterally by the CEC.
The petitioner has relied upon instances in which Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi are stated to have recorded dissent or objections to decisions taken during the period between November 2025 and August 2026.
A significant part of the challenge relates to alleged changes made to the electoral-roll registration process, including modifications to Form 6, which is used by individuals seeking inclusion of their names in electoral rolls. The plea alleges that such changes were implemented through the ECI’s digital platforms without corresponding amendments to the statutory framework governing electoral registration.
The petition also raises issues concerning the Special Intensive Revision (SIR) of electoral rolls and alleges that aspects of the exercise were undertaken through administrative or technological measures without the approval of the full Commission.
Invoking Section 18 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, the petitioner argues that the statutory scheme contemplates collective decision-making by the Commission. Where differences arise among its members, the majority view, according to the provision, is to prevail.
The plea therefore contends that the CEC cannot independently exercise functions that the law entrusts to the Commission as a whole.
The petitioner has sought appropriate action against the CEC and other officials under the Representation of the People Act, besides seeking an independent inquiry into the alleged irregularities concerning electoral-roll management and the SIR exercise.
Among other reliefs, the petition seeks restoration of Form 6 to the format prescribed under the applicable electoral rules and an examination of allegations concerning deletion of voters during the revision process.
The allegations made in the petition are yet to be adjudicated by the Supreme Court. The Election Commission has maintained that decisions relating to the SIR were taken with the approval of the Commission.
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