The Supreme Court is scheduled to hear petitions on Monday challenging whether Chief Election Commissioner (CEC) Gyanesh Kumar can single-handedly exercise powers that the Constitution vests in the Election Commission as a multi-member body.
A Bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V, according to the cause list available on the Supreme Court’s official website. Mohana will hear the matter.
It also cites Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which requires decisions to be taken collectively, with issues where the members do not agree to be resolved through a majority decision. The two commissioners raised at least 14 objections between October 2025 and August 2026 over decisions and actions allegedly taken in the name of the ECI without their consent, according to the plea.
The plea argues that Article 324 of the Constitution entrusts the “Commission” with the superintendence, direction and control of elections, rather than conferring these powers solely on the Chief Election Commissioner. The Election Commission, meanwhile, has said that the reported differences among its members should not be viewed as an institutional “rupture”. The petition refers to written communications and file notings attributed to Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi. It has maintained that the exchange of internal objections and written notes is a recognised part of the functioning of a multi-member constitutional body.
