The Supreme Court agreed to hear plea seeking doubts over decisions taken by the Election Commission of India (ECI) under the Chief Election Commissioner (CEC) Gyanesh Kumar next week.
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 lays down a framework for collective decision-making. 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 Election Commission without their approval, according to the plea. A division bench of chief justice Mahesh Chandra Tripathi and justice Advait Sethna posted it for hearing on October 5 after the petitioners’ lawyers said the matter was urgent. Where the doubt remains, the matter must be referred to the competent authority under the Citizenship Act, 1955, and the electoral consequence must abide by its decision,” the petition, filed through advocates Prakash Ambedkar, Hemant Ghadigaonkar, Sandesh More and Hitendra Gandhi, states.
Senior advocate Vikas Singh, who raised the issue before the bench, said that under the statutory framework, decisions taken by the multi-member Election Commission must be unanimous or decided by a majority. The Election Commission, meanwhile, has maintained that the reported differences between the Commissioners do not constitute an institutional “rupture”. It has said that internal objections and written notes are part of the established functioning of a multi-member constitutional body.
The apex court agreed for early hearing of a plea challenging the functioning of the Election Commission of India, which alleges that powers vested in the multi-member constitutional body are being exercised without adhering to the collective decision-making process prescribed by law. The ECI may make a limited electoral assessment but cannot conclusively determine citizenship.
Earlier reporting noted: “The petitioners do not seek to stop the SIR or to disturb this programme. Earlier reporting noted: The petition before the principal bench in Mumbai was taken up on Monday.
Opposition demands CEC’s removal
Congress leaders, including Sonia Gandhi, Rahul Gandhi and Congress President Mallikarjun Kharge, along with chief ministers of Congress-ruled states and other senior leaders, are attending the CWC meeting. The Congress Working Committee (CWC) called for a meeting on Tuesday to discuss the party’s strategy on the Election Commission row.
