05 October,2026 01:51 PM IST | New Delhi | mid-day online correspondent
The bench took note of the plea`s contention that decisions of the Election Commission have to be taken either unanimously or by majority. File Pic
The Supreme Court on Monday issued notice to the Election Commission and the Centre seeking their responses within a week to a plea challenging the manner in which decisions were allegedly taken by the poll panel under Chief Election Commissioner Gyanesh Kumar without the approval of the other two Election Commissioners, reported the PTI.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana issued the notice after hearing submissions by senior advocate Vikas Singh.
The bench took note of the plea's contention that decisions of the Election Commission have to be taken either unanimously or by majority, the news agency reported.
The court said it presumed that this was how decisions of the poll panel were taken.
The petition, filed by Patna resident Rakesh Kumar Singh, seeks clarity on whether the CEC individually exercised powers that legally belong to the Election Commission as a whole.
According to the PTI, the PIL asks the Supreme Court to determine whether the Chief Election Commissioner exercised powers individually and, if so, declare such actions unauthorised and take appropriate legal action.
The petitioner has also sought an interim direction preventing Gyanesh Kumar from exercising the functions of Chief Election Commissioner until the final disposal of the petition.
The plea further seeks that the business of the Commission during this period be conducted through the unanimous decisions of Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi.
It also seeks directions for any appointment to a resulting vacancy to be made on the recommendation of a committee that includes the Chief Justice of India.
The plea comes amid controversy over the Election Commission's handling of the Special Intensive Revision (SIR) of electoral rolls.
The Indian Express reported on September 25 that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had objected on record at least 14 times over 10 months to decisions and orders concerning the SIR.
According to the report, the two commissioners had said that some of the decisions and orders were issued without their knowledge or recommendation.
The Election Commission has faced questions over the reported differences among its members.
The poll panel has maintained that differing views and observations are a normal part of deliberations in any institution.
The EC has also asserted that its orders carry full legal sanction and are issued in accordance with established statutory procedures.
The Supreme Court has sought responses from the Election Commission and the Centre within a week. The matter will be considered further after the responses are filed.
(with PTI inputs)
