The Supreme Court has fast-tracked a legal challenge against Chief Election Commissioner Gyanesh Kumar. The petition alleges unilateral decision-making, requesting his suspension and the preservation of official records since October 2025, citing potential violations of the 2023 Election Commission Act.
The Supreme Court of India is set to hear a petition next week that challenges the administrative authority of Chief Election Commissioner Gyanesh Kumar. The legal filing requests the court to prevent the CEC from performing official duties, arguing that recent decisions made by the commission were unilateral rather than a result of the collegial process required by law. Chief Justice of India Surya Kant has directed the matter to be listed for an urgent hearing.
At the center of the dispute is the interpretation of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The petitioner, Rakesh Kunar Singh, argues that Section 18 of this legislation mandates that the Election Commission must function through collective decision-making, where either unanimous consensus or a majority vote is reached. The petition claims that the CEC has bypassed this structure, effectively acting as an individual authority rather than the chair of a collective body.
In addition to the request for suspension, the petition asks the court to direct the Election Commission to preserve all physical and digital records generated since October 1, 2025. This request includes data such as server logs, audit trails, and internal file notations related to ERONet and revisions to the electoral rolls. The petitioner seeks to secure evidence concerning administrative orders and potential changes to Form-6 documentation issued during this period.
The Supreme Court is now tasked with determining whether the CEC possesses the lawful authority to issue directives without the participation of the other commissioners, as mandated by the 2023 Act. This case brings into question the governance processes within the nation's election body. As the judiciary reviews the case, the focus will remain on the legal interpretation of the statute and whether the current administrative procedures align with the legislative framework established by the 2023 Act. The court's upcoming proceedings will clarify the limits of the CEC's power and determine if the internal records preservation requested by the petitioner is warranted.