A bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, refused to pass any interim order on the pleas demanding suspension of Kumar but issued notices to the ECI, the CEC, the other two Election Commissioners (Sukhbir Singh Sandhu and Vivek Joshi), the Centre, and certain officials, seeking responses within a week. The Supreme Court on October 5, 2026 heard a batch of petitions challenging the alleged unilateral exercise of authority by Chief Election Commissioner (CEC) Gyanesh Kumar in the name of the multi-member Election Commission of India (ECI).
Here, we explain in points what the petitioners sought from the Supreme Court regarding the issues involving Gyanesh Kumar in particular and the Election Commission of India (ECI) as a whole. Suspension of CEC Gyanesh Kumar: The PIL sought the suspension of Chief Election Commissioner (CEC) Gyanesh Kumar from exercising his powers until the Supreme Court considers and decides the petitions challenging decisions taken under his leadership. The plea also sought to ensure that the disputed decisions are examined by the court before Kumar continues to exercise authority in relation to the matters under challenge.
Independent inquiry into the decisions: The petitioner has also sought the constitution of an independent Judicial Inquiry Commission/Special Investigation Team (SIT) to examine the alleged unilateral decisions. The proposed panel is to be headed by a retired Supreme Court judge and assisted by experts in cybersecurity and information technology, with the aim of conducting an independent examination of the issues raised in the petition. These objections concerned various steps taken in the Commission’s name during the SIR process, such as alterations to processes for adding or deleting voters, changes to statutory forms, centralisation of electoral-roll data systems, restricted access for field-level officers, and the filing of a large number of appeals, claiming many were issued without their knowledge, concurrence, or proper Commission approval.
The petitions stem from reports, including an Indian Express investigation, that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi recorded formal written objections on at least 14 occasions between roughly October 2025 and August 2026.
