Archive · 6 Oct 2026
Supreme Court Says It May Annul Unlawful Election Commission Decisions
Some people asked the Supreme Court to review decisions made by the Election Commission.
They said some decisions may not have been approved by the required election commissioners.
The Court said it would look at the decisions and cancel any that break the law.
It also said it had not approved changes to Form 6, a form used to apply to join the voter list.
Election Commission officials said the form was not changed, but that a declaration was attached to it.
The Court did not stop Chief Election Commissioner Gyanesh Kumar from making decisions for now.
A petitioner also asked for him to be suspended, but the judges said that could stop the Election Commission from working.
The judges said they need to hear from the Election Commission and the government before deciding what to do.
The Supreme Court issued notices to the Election Commission and the Centre over petitions alleging decisions lacked approval from both election commissioners.
The bench said it would examine the decisions and annul any found contrary to law, including decisions lacking legally required unanimity or majority.
The court said it had not approved modifications to Form 6 and would examine records to determine who modified it.
The court declined to temporarily restrain Chief Election Commissioner Gyanesh Kumar from making decisions while the petitions are pending.
A petitioner sought Kumar’s suspension, while the bench warned that suspension could stall the Election Commission and asked who would conduct elections.
- Who
- The Supreme Court, the Election Commission, the Centre, and petitioners Rakesh Kumar Singh and Shailendra Mani Tripathi; Chief Election Commissioner Gyanesh Kumar is also involved.
- What
- The Court issued notices on petitions challenging Election Commission decisions and said it may annul decisions not made according to law.
- When
- Monday; the articles do not specify the date.
- Where
- New Delhi.
- Why
- The petitions allege that some Election Commission decisions lacked approval from both election commissioners or the legally required unanimity or majority.
Petitioners and Opposition claims
Election Commission and Court responses
Election Commission decisions
Petitioners and Opposition claims
The petitions allege that several decisions were made without approval from both election commissioners and seek adherence to the required unanimity or majority.
Election Commission and Court responses
The Court said it would examine the records and annul decisions that do not comply with law; it said it must first hear from the concerned parties.
Form 6
Petitioners and Opposition claims
Rahul Gandhi alleged that Gyanesh Kumar changed Form 6 illegally and unilaterally.
Election Commission and Court responses
The Court said it had not approved any modification and wanted to see who made it. Election Commission officials maintained that Form 6 was not changed and that a declaration was attached through the Bihar SIR order.
CEC restraint or suspension
Petitioners and Opposition claims
A petitioner asked the Court to restrain Kumar from making further decisions and sought his suspension, citing concerns about voting rights; Opposition parties also demanded his resignation.
Election Commission and Court responses
The Court declined interim restraint, saying it could not rely solely on newspaper reports and needed responses from the Election Commission and Centre. It also said suspending the CEC could stall the Election Commission.
- Court action
- Notices issued to the Election Commission and the Centre; a connected petition was tagged with the first petition.
- Petitioners
- Rakesh Kumar Singh and advocate Shailendra Mani Tripathi.
- Chief Election Commissioner
- Gyanesh Kumar.
- Interim request
- The Court declined to restrain the CEC from making decisions while the petitions are pending.
- Form 6
- The Court said it had not approved modifications; Election Commission officials said a declaration was attached to the form, not that it was changed.
- Possible remedy
- The Court said it could annul decisions found not to be in accordance with law.
- Suspension request
- A petitioner sought the CEC’s suspension; the bench said this could stall the Election Commission’s functioning.
