The Supreme Court of India is scheduled to hear two significant petitions today, October 5, concerning alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls. The pleas specifically seek action against Chief Election Commissioner (CEC) Gyanesh Kumar for purportedly taking crucial decisions without the consensus of the other two Election Commissioners.
Allegations of Unilateral Decisions
The petitions, filed by Patna resident Rakesh Kumar Singh and Delhi-based advocate Shailendra Mani Tripathi, challenge various aspects of the SIR exercise, including decisions, guidelines, directions, and software modifications. The core allegation is that these actions were carried out solely by the CEC, bypassing the full Election Commission of India (ECI).
According to reports cited by the petitioners, Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi lodged at least 14 objections between October 2025 and August 2026 regarding SIR-related steps. This alleged dissent underscores the petitioners' argument that the ECI, as a multi-member constitutional body, must operate collectively, not under the unilateral authority of the CEC.
One petition emphasizes that Article 324(1) of the Constitution vests the superintendence, direction, and control of elections in the Election Commission as a whole, not in an individual Chief Election Commissioner.
Relief Sought from the Apex Court
- Rakesh Kumar Singh's petition seeks a declaration that all decisions made without the concurrence of the other commissioners are invalid. It also requests an examination of the ECI's primary records and, as interim relief, the suspension of Gyanesh Kumar as CEC.
- Shailendra Mani Tripathi's petition calls for the quashing of the 14 allegedly unilateral decisions. Furthermore, it demands an independent judicial inquiry commission or a Special Investigation Team (SIT), led by a retired Supreme Court judge and assisted by cybersecurity and IT experts.
Broader Implications and Demands
Tripathi's plea extends to seeking a forensic audit of the ECINet and ERONet databases. It also requests an investigation into the alleged deletion of approximately 13 crore names from electoral rolls across 30 states and Union Territories during the SIR exercise. Additionally, this petition seeks the prosecution of Gyanesh Kumar, Senior Deputy Election Commissioner Maneesh Garg, ECI Director General (IT) Seema Khanna, and other officials for alleged breach of official duty under Section 32 of the Representation of the People Act, 1950.
Separately, Singh's petition aims for a declaration that the nationwide SIR and all its associated actions are illegal and void from their inception, arguing that the exercise lacked the necessary constitutional or statutory authority and failed to follow mandated procedures.
A three-judge bench, headed by Chief Justice of India Surya Kant and including Justices Joymalya Bagchi and V Mohana, will preside over the matters. The Supreme Court had previously agreed to an expedited hearing after senior advocate Vikas Singh highlighted the serious constitutional questions raised by the issue of collective decision-making within the poll panel.