Supreme Court to List Plea Seeking Suspension of CEC Gyanesh Kumar Next Week

The Supreme Court has agreed to list next week a petition seeking the suspension of Chief Election Commissioner Gyanesh Kumar from office over allegations that decisions of the Election Commission of India (ECI) were taken without the concurrence of the other two Election Commissioners.

The petition has raised questions over the manner in which the poll panel has been functioning and challenged the alleged exercise of powers by the Chief Election Commissioner without the approval of Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi. The matter was mentioned before the Supreme Court, which agreed to consider it next week.

The petitioner has sought a writ of quo warranto against Gyanesh Kumar, questioning the legal authority under which he allegedly exercised certain powers as the head of the three-member constitutional body. The plea also seeks directions for his suspension from functioning as Chief Election Commissioner.

According to the petition, several decisions taken by the Election Commission between October 2025 and August 2026 were allegedly made without the participation or approval of the other members of the Commission. The plea refers to reported differences within the poll panel over decisions concerning electoral procedures and other matters.

The petitioner has argued that Article 324 of the Constitution establishes the Election Commission as a multi-member body and that its powers are to be exercised in accordance with the constitutional and statutory framework governing the Commission. The plea contends that decisions cannot be treated as the personal or unilateral actions of the Chief Election Commissioner.

Senior advocate Vikas Singh, appearing in the matter, reportedly submitted that the law governing the functioning of the Election Commission provides for decisions to be taken unanimously or, where there is disagreement, according to the majority view of its members.

The plea comes amid continuing public and legal scrutiny of the functioning of the Election Commission, particularly over the decision-making process within the poll panel. The petition seeks judicial examination of whether the alleged manner of functioning is consistent with the constitutional framework governing the ECI.

Chief Justice of India Surya Kant agreed to list the matter for hearing next week after it was mentioned before the court. The upcoming hearing is expected to provide an opportunity for the Supreme Court to consider the legal issues raised in the petition.

The court’s decision to list the plea does not amount to an acceptance of the allegations against Gyanesh Kumar. Nor has the Supreme Court ordered his suspension at this stage. The allegations made in the petition and the constitutional questions concerning the functioning of the Election Commission will be examined when the matter comes up for hearing.