IndiaPosted at: Sep 28 2026 9:19PM


Fresh plea in SC seeks quo warranto against CEC over alleged unilateral ECI decisions, challenges SIR

Parmod Kumar

New Delhi, Sep 28 (UNI) A fresh petition has been filed in the Supreme Court seeking a writ of quo warranto calling upon Chief Election Commissioner Gyanesh Kumar to explain the authority under which he allegedly acted individually in the name of the Election Commission of India despite decision-making powers being vested collectively in the multi-member poll panel.
The plea has also sought a declaration that the Special Intensive Revision (SIR) of electoral rolls and all actions, directions and consequential measures taken pursuant to it be declared void ab initio and without lawful authority.

The petition, filed by Rakesh Kumar Singh, contends that under Article 324 of the Constitution and Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, the Commission is required, as far as possible, to transact its business unanimously.
Where differences arise, the decision has to follow the majority view.

The ECI presently comprises CEC Gyanesh Kumar and Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi.

According to the plea, between October 28, 2025 and August 14, 2026, the two Election Commissioners recorded at least 14 objections to steps allegedly taken in the name of the Commission without being collectively decided by the three-member commission.
Pointing to the alleged centralisation of decision-making, the petition questions whether powers constitutionally entrusted to the Commission as a body could be exercised by one of its members.

The petitioner has sought a declaration that if the CEC is found to have exercised powers of the Commission without adhering to the mandate of Section 18 of the 2023 Act, such exercise of authority be held invalid.

The plea has also challenged the SIR itself on the ground that decisions underlying the exercise were allegedly taken without the concurrence of the two election commissioners as required under the statutory framework.

The latest petition comes days after another PIL, filed on September 25 by advocate Shailendra Mani Tripathi, sought action against the CEC and other senior ECI officials over similar allegations of decisions being taken despite objections from two Election Commissioners.

That PIL also sought a judicial inquiry commission or a Special Investigation Team probe into the alleged deletion of 13 crore voters during the SIR and a declaration that decisions taken without majority concurrence of the Election Commissioners were illegal and void.
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Parmod Kumar

New Delhi, Sep 28 (UNI) A fresh petition has been filed in the Supreme Court seeking a writ of quo warranto calling upon Chief Election Commissioner Gyanesh Kumar to explain the authority under which he allegedly acted individually in the name of the Election Commission of India despite decision-making powers being vested collectively in the multi-member poll panel.

see more..