The Supreme Court will hear a batch of petitions on Monday challenging the alleged unilateral exercise of powers by Chief Election Commissioner Gyanesh Kumar and questioning the Election Commission’s decision-making process.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana will hear the matter. The petitions seek to establish whether the CEC can exercise powers vested in the Election Commission as a multi-member body.
The pleas rely on Article 324 of the Constitution, which vests the superintendence, direction and control of elections in the Election Commission.
They also cite Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which provides for collective decision-making and says the majority view will prevail in case of differences.
The petitions refer to written objections allegedly raised by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi over decisions taken without their approval. The objections reportedly covered electoral roll revisions, changes to Form 6, access to electoral data, software modifications and appeals filed in West Bengal.
One plea seeks directions to prevent the CEC from exercising functions pending the case and asks the court to preserve the multi-member character of the Election Commission. Another petition has sought action over alleged breaches of official duty.
The petitions challenge software changes to Form 6, used for voter registration, and raise concerns over electoral roll revisions in Goa and West Bengal.
The Election Commission maintains that differences among commissioners are normal and its orders follow established legal procedures.
The Supreme Court will examine the ECI’s collective functioning and the authority behind the disputed decisions.
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