Supreme Court to hear pleas seeking suspension of CEC Gyanesh Kumar

The Supreme Court of India is scheduled to hear a series of petitions on Monday, 5 October, seeking the suspension of Chief Election Commissioner Gyanesh Kumar. The legal challenge stems from allegations that he bypassed his colleagues to make key decisions regarding India's electoral processes without their consent.

A three-judge bench consisting of Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana will hear the public interest litigations. The cases, filed by Patna resident Rakesh Kumar Singh and advocate Shailendra Mani Tripathi, accuse Kumar of undermining the statutory requirement of collective decision-making within the Election Commission.

What are the allegations against Gyanesh Kumar?

The controversy began following a report by The Indian Express stating that the other two members of the commission, Sukhbir Singh Sandhu and Vivek Joshi, had recorded objections at least 14 times over a ten-month period. They reportedly protested against orders and software changes issued in the commission's name without their knowledge or approval.

According to the petitions, these unilateral actions violated Section 18 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which mandates that the body must make decisions collectively, or by majority vote when opinions differ.

One major issue raised in the court filings is an unapproved change to Form 6, the document citizens use to register as voters. The petitions allege that requirements for ancestral details and links to previous Special Intensive Revisions were introduced directly into the commission's software. This was reportedly done without the formal statutory amendments required under Indian electoral rules, and over the explicit objections of the other two commissioners.

The legal challenges also highlight regional discrepancies. In Goa, the petitions claim a software issue prevented the restoration of 97 eligible voters. In West Bengal, they allege that more than 16.10 lakh voter appeals were filed in the Election Commission's name without the knowledge or authorisation of either the West Bengal chief electoral officer or the other two commissioners.

What do the petitioners want?

The petitioners are calling for immediate and drastic action. Rakesh Kumar Singh's plea asks the Supreme Court to suspend Kumar from his duties while the case is being decided, allowing the remaining two commissioners to run the body's business unanimously. He also suggests that any future vacancy be filled based on recommendations from a committee that includes the Chief Justice of India.

Tripathi’s petition goes further, seeking the initiation of criminal proceedings against the Chief Election Commissioner and other officials for a breach of official duty. His petition argues that without constitutional immunity for these specific acts, the commissioner remains subject to ordinary police investigations and trial proceedings.

How has the Election Commission responded?

The Election Commission has strongly denied any internal rift or procedural wrongdoing. In a statement, the poll body insisted that all its final decisions are reached unanimously and carry full legal authority. While acknowledging that members may express differing views or suggestions during internal deliberations, the commission maintained that such discussions are a normal part of the institutional process.

Outside the courtroom, political pressure is building. Andhra Pradesh Congress president Y. S. Sharmila has joined calls for Kumar’s resignation, warning that any attempt to compromise the integrity of the voting process threatens the country's democratic foundations.