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SIR: Supreme Court to hear pleas against Chief Election Commissioner Gyanesh Kumar on Monday

One of the petitions seeks a declaration that decisions of the Election Commission of India, as a multi-member body, cannot be taken unilaterally.

Published Oct 04, 2026 | 5:57 PM ⚊ Updated Oct 04, 2026 | 5:57 PM

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Synopsis: The Supreme Court will hear two petitions challenging Chief Election Commissioner Gyanesh Kumar’s conduct during the Special Intensive Revision (SIR) of electoral rolls, after a series of journalistic exposes revealed that at least 14 decisions were taken unilaterally despite objections from two other Election Commissioners. One petition seeks a forensic audit of the ECI’s electoral-roll databases and prosecution of senior officials over alleged statutory breaches.

The Supreme Court is set to hear two writ petitions against Chief Election Commissioner Gyanesh Kumar alleging violations of statutory duties in the conduct of the Special Intensive Revision (SIR) of electoral rolls, Livelaw reported.

A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana will hear the petitions on Monday, 5 October.

The petitions followed a series of journalistic exposes that revealed that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had formally objected at least 14 times over 10 months to decisions on the SIR that were taken without their knowledge or against their recommendations.

One of the petitions seeks a declaration that decisions of the Election Commission of India, as a multi-member body, cannot be taken unilaterally. It also seeks examination of the Commission’s primary records to determine whether the disputed actions were undertaken in accordance with the constitutional and statutory framework.

As an interim measure, the petitioner has sought the suspension of Kumar as Chief Election Commissioner.

The second petition seeks quashing of the 14 decisions alleged to have been taken unilaterally. It also seeks an independent Judicial Inquiry Commission or Special Investigation Team headed by a retired Supreme Court judge and assisted by cybersecurity and information technology experts.

Also Read: Poll panel orders review of ECINet amid SIR row; BLOs to visit voters issued notice

Audit of SIR process, FIR against senior officers within poll body

The proposed inquiry would conduct a forensic audit of the ECINet and ERONet databases and investigate the circumstances in which, according to the petition, 13 crore names were deleted across 30 States and Union Territories during the SIR exercise.

The petition also seeks directions to the competent authority to register complaints and initiate prosecution under Section 32 of the Representation of the People Act, 1950, against Kumar, Senior Deputy Election Commissioner Maneesh Garg, Director General (IT) Seema Khanna and other officials found responsible for the alleged breach of official duty.

Section 32 provides for punishment for specified breaches of official duty in connection with the preparation, revision or correction of electoral rolls.

The petition alleges unauthorised modification of Form 6, centralisation of electoral-roll databases, failure to restore eligible voters through the ECINet system and the filing of 16.10 lakh appeals in West Bengal challenging the inclusion of voters purportedly in the name of the ECI.

Also Read: Jantar Mantar protests: Brinda Karat seeks arrest of ACP Vivek Bhagat after journalist alleges sexual assault

Protests against Gyanesh Kumar continue

The hearing follows calls for the removal of Kumar that have grown louder in recent days. AICC president Mallikarjun Kharge on Saturday called for the dissolution of the Lok Sabha and State Assemblies, saying they were elected through “illegal elections”. Kharge said the entire country was being run on illegal elections.

Protests demanding the CEC’s resignation have also intensified over the last few days.

The All India Students’ Association (AISA) is one of the organisations leading the protests. Delhi Police were out in full force around Jantar Mantar as protesters defied prohibitory orders imposed on the New Delhi district under Section 163 of the BNSS.

Police registered at least three FIRs in connection with Friday’s protest. Reports said more than 1,000 people were detained as police barricaded the roads leading to Jantar Mantar.

Separately, the Goa Bench of the Bombay High Court pulled up the Election Commission over the deletion of voters’ names during the SIR, saying the process was effectively putting the Representation of the People Act, 1950 and the Registration of Electors Rules in abeyance and replacing them with a “completely alien procedure”.

The Lawyers’ Association for Constitution (LAFC) on Friday constituted an independent five-member commission of former Supreme Court and High Court judges to examine the constitutional and statutory validity, methodology and overall impact of the Election Commission of India’s (ECI) Special Intensive Revision (SIR) exercise on eligible voters.

(Edited by Dese Gowda)

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