SC to Review Plea: Suspend CEC Gyanesh Kumar for 'Unilateral Actions'?

The Supreme Court has agreed to fast-track a significant petition next week, which challenges the conduct of Chief Election Commissioner (CEC) Gyanesh Kumar and seeks his suspension from office. The plea, brought by petitioner Rakesh Kumar Singh, alleges that Kumar has been exercising authority unilaterally, contrary to the collegial spirit expected of the Election Commission of India (ECI).

Appearing before Chief Justice of India (CJI) Surya Kant, advocates representing Singh urged for an early hearing. Their core argument is that Mr.

Kumar should not be allowed to continue functioning as CEC until the petition's final hearing.

The petition emphasizes that the Constitution, under Article 324(1), entrusts election conduct to the Election Commission as a body, not to a single individual. Drawing on the 1995 T.N.

Seshan judgment, the petitioner highlighted that Election Commissioners "must have a say in decision making" and that treating the CEC's word as final would render other Commissioners "nonfunctional or ornamental." The plea further cites Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which mandates unanimous or majority decisions for ECI business. It argues that the CEC acts as Chairman, not as the Commission itself, and questions his lawful authority to act unilaterally.

The petition specifically seeks an examination into whether the CEC can act without either unanimous or majority vote, raising a "quo warranto" question regarding his authority.

It also refers to recent media reports, including accusations from ex-Home Secretary R.K.

Singh of "illegalities" by CEC Gyanesh Kumar, and a claim by ex-Chief Secretary Jiji Thomson that Kumar suggested he contest on a BJP ticket in 2019.

To ensure transparency and integrity, the petitioner has urged the court to direct the ECI to preserve all relevant physical and electronic records. This includes minutes, agendas, file notings, correspondence, and IT-access records from October 1, 2025, to the present, pertaining to allegations of unilateral conduct.

Additionally, the plea requests that no further substantive alterations be made to Form-6 and that no eligible citizen be denied inclusion in the electoral roll solely due to these issues during the proceedings. The CJI has agreed to list the petition for hearing next week, setting the stage for a crucial legal review of the ECI's functioning.

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