Supreme Court Hears Pleas Against the CEC Over SIR Decisions: Election Commission Says Decisions Were Unanimous
On 27 October 2026, the Supreme Court took up petitions against Chief Election Commissioner (CEC) Gyanesh Kumar and decisions taken during the Special Intensive Revision (SIR) of voter lists. The bench is led by Chief Justice of India Surya Kant, with Justices Joymalya Bagchi and V. Mohana.
The petitions, filed by citizens, a lawyer and some members of Parliament, say that the Election Commission is a multi-member body and the CEC cannot decide matters alone. They point to at least 14 objections said to have been recorded by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi between October 2025 and August 2026. They ask for the CEC's suspension, the cancelling of the disputed decisions and an independent inquiry.
On 26 October 2026, the Election Commission of India (ECI), the CEC and both Election Commissioners filed a joint affidavit of nearly 250 pages. It says the three main SIR orders (dated 24 June 2025, 27 October 2025 and 14 May 2026) were passed unanimously, and that when members disagree, the majority view prevails under Section 18 of the 2023 Act.
The affidavit argues that any attempt to restrain the CEC from working would be against the Constitution and the 2023 Act. Under Article 324(5), a CEC can be removed only in the same way and on the same grounds as a Supreme Court judge.
It also says media reports about internal friction are not evidence, and that the Commission did not release any internal note to the media.
Earlier, on 5 October 2026, the Court had refused to suspend the CEC without hearing the Commission, issued notice, and said it would examine the decisions and set aside any that are not in line with the law.
Election Commission of India (Article 324): Powers and Functions
The Election Commission of India (ECI) is the constitutional body that runs elections to Parliament, state legislatures and the offices of President and Vice-President. Article 324 gives it the "superintendence, direction and control" of the electoral rolls and of all these elections. Today it has three members: the Chief Election Commissioner and two Election Commissioners. It was a one-member body until 1989, and became permanently multi-member from 1993.
The core legal question in these petitions is whether the CEC took SIR decisions alone, without the other two members. The ECI's reply rests on exactly these rules: Section 18 (unanimity where possible, majority otherwise) and the Seshan principle that power belongs to the Commission as a whole.
Appointment and Removal of the Chief Election Commissioner and Election Commissioners
The rules for appointing and removing the CEC and Election Commissioners are meant to keep the Commission free from pressure. Article 324(2) lets Parliament make a law on appointments; until 2023, the President appointed members on the advice of the government. The 2023 Act now sets a selection process. Article 324(5) protects the CEC by making removal very difficult.
The ECI's affidavit uses Article 324(5) to argue that a court order "restraining" the CEC would bypass the removal process the Constitution sets out. The petitioners, in turn, rely on the multi-member design of the Commission rather than on the removal route.
Special Intensive Revision (SIR) of Electoral Rolls
An electoral roll is the official list of voters for each constituency. A Special Intensive Revision (SIR) is a fresh, house-to-house preparation of this list, in which Booth Level Officers (BLOs) visit homes and voters fill in enumeration forms. It is different from the usual yearly "summary revision", which only updates the existing list. The ECI orders an SIR using its power under Article 324 and Section 21(3) of the Representation of the People Act, 1950.
All three SIR orders now under challenge are the ones the ECI says were passed unanimously. The case will test how the SIR, a process run under the Commission's own powers, must be decided inside a three-member Commission.
- Hearing date: 27 October 2026; bench: CJI Surya Kant, Justices Joymalya Bagchi and V. Mohana
- ECI joint affidavit: filed 26 October 2026, nearly 250 pages, signed by CEC Gyanesh Kumar and ECs Sukhbir Singh Sandhu and Vivek Joshi
- Disputed SIR orders: 24 June 2025, 27 October 2025, 14 May 2026
- Petitioners cite at least 14 objections recorded between October 2025 and August 2026
- Section 18, 2023 Act: unanimous as far as possible, otherwise majority
- Article 324(5): CEC removable only like a Supreme Court judge; ECs only on the CEC's recommendation
- Anoop Baranwal v. Union of India: 2 March 2023
- T.N. Seshan v. Union of India: 1995 (multi-member ECI upheld)
- Section 21(3), RPA 1950: legal basis for a special revision of electoral rolls