Gyanesh Kumar In The Crosshairs? Supreme Court To Hear Today 2 Pleas Against CEC’s Functioning, SIR
· Free Press Journal
The Supreme Court will hear on Monday two petitions challenging the functioning of Chief Election Commissioner (CEC) Gyanesh Kumar and questioning the legality of the nationwide Special Intensive Revision (SIR) of electoral rolls. A bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V Mohana will hear the pleas.
The petitions were filed days after a news report claimed that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded objections at least 14 times over the past 10 months to decisions and orders concerning the SIR of electoral rolls. According to the Indian Express news report, the two commissioners had said some decisions were issued without their knowledge or recommendation.
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Sandhu and Joshi had also separately written to Cabinet Secretary T V Somanathan, raising concerns over the integrity of voter-related software. The Election Commission, however, said the letters sent by the two commissioners to the Cabinet Secretary concerned an officer on deputation and were not related to policy or IT division matters.
Plea Questions CEC's Individual Powers
One of the petitions, filed by Patna resident Rakesh Kumar Singh, refers to the alleged differences between CEC Kumar and the two Election Commissioners. Singh has questioned whether the CEC can individually exercise powers that, under Article 324 of the Constitution, are vested in the Election Commission as a multi-member body.
The plea argues that Article 324(1) vests the superintendence, direction and control of elections in the Commission and not in an individual CEC. It further refers to Article 324(2), which provides for the CEC and other Election Commissioners, and Article 324(3), under which the CEC serves as the chairperson of the Commission when other Election Commissioners are appointed.
Garjana Morcha: Uddhav, Raj Thackeray Lead Protest Seeking Gyanesh Kumar’s Resignation, Scrapping Of Maharashtra SIRSingh has sought a declaration that the nationwide SIR and all actions, decisions, directions and measures taken under it are invalid from the beginning. He has alleged that the exercise was undertaken without the necessary constitutional or statutory authority and without following the procedure prescribed by law, reported The Indian Express.
Second Plea Seeks Judicial Inquiry
The second petition, filed by Delhi-based lawyer Shailendra Mani Tripathi, seeks an independent, high-powered judicial inquiry commission or an SIT headed by a retired Supreme Court judge to investigate allegations concerning the functioning of the Election Commission under Kumar.
The petition refers to what it describes as 'unprecedented constitutional fractures and illegalities' within the ECI, based on documentary records published on September 23, 2026. It also alleges that certain acts attributed to Kumar fall outside the scope of official immunity and amount to personal criminal liability.
Hearing Amid Protests Over SIR
The Supreme Court’s hearing will come amid continuing protests against the CEC and the SIR exercise, with protesters demanding Kumar’s removal and suspension of the electoral roll revision process. The allegations and legal claims raised in the petitions are yet to be adjudicated by the court.