Archive · 29 Sep 2026
Petition Seeks Suspension of CEC Over Election Commission Decisions
A person has asked the Supreme Court to suspend Chief Election Commissioner Gyanesh Kumar.
The person says the Election Commission should make important decisions as a group.
He says the chief commissioner should not make those decisions alone.
The petition follows media reports about roughly 14 decisions made between October 2025 and August 2026.
Those reports said the other two election commissioners objected to some of the decisions.
The petition refers to Article 324 of the Constitution.
It also refers to a 2023 law about election commissioners.
That law says the Commission should try to decide matters unanimously, but a majority can settle disagreements.
Rakesh Kumar Singh has filed an Article 32 petition in the Supreme Court seeking the suspension of Chief Election Commissioner Gyanesh Kumar.
The petition asks the court to declare that Election Commission decisions on matters pending before it cannot be taken unilaterally by the CEC.
It seeks a writ of quo warranto requiring Gyanesh Kumar to explain his authority to exercise the Commission’s collective powers individually.
The plea cites media reports alleging that about 14 decisions were taken between October 2025 and August 2026 despite objections from Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi.
The petitioner relies on Article 324 and Section 18 of the 2023 election commissioners law, which provide for unanimous decisions where possible and majority decisions when differences remain.
- Who
- Rakesh Kumar Singh filed the petition against Chief Election Commissioner Gyanesh Kumar; Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi are also mentioned.
- What
- The petition seeks Gyanesh Kumar’s suspension and a declaration that Election Commission decisions must be made collectively rather than unilaterally.
- When
- The petition cites reported decisions made between October 2025 and August 2026.
- Where
- The petition was filed in the Supreme Court.
- Why
- The petitioner argues that Article 324 assigns election oversight to the Commission as a body and that Section 18 requires unanimous decisions where possible, with disagreements settled by majority.
- Petitioner
- Rakesh Kumar Singh
- Respondent named
- Chief Election Commissioner Gyanesh Kumar
- Legal basis
- Article 32 of the Constitution
- Requested remedy
- Suspension and a writ of quo warranto
- Reported disputed decisions
- Nearly 14, between October 2025 and August 2026
- Other commissioners named
- Sukhbir Singh Sandhu and Vivek Joshi
- Relevant statutory provision
- Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023