Supreme Court notice to ECI, Centre on plea challenging decisions taken by CEC-led poll panel

The Supreme Court on Monday (October 5, 2026) issued notice to the Election Commission (ECI) and the Centre seeking responses in a week on a plea challenging the manner in which the poll panel led by the Chief Election Commissioner (CEC) Gyanesh Kumar took decisions allegedly without the approval of two Election Commissioners.

Also Read: Protest against CEC Gyanesh Kumar updated on October 5

A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana took note of the submissions of senior advocate Vikas Singh and issued the notice.

The Bench said the decisions of the Election Commission have to be either unanimous or by majority, and that it presumed that this is how all decisions were taken.

Also Read: When Election Commission was rocked by internal disputes | Explained

The PIL, filed by Patna resident Rakesh Kumar Singh, urged the top court to determine whether Chief Election Commissioner (CEC) Kumar has been individually exercising powers that legally belong to the ECI as a whole, and, if so, to declare those actions unauthorised and take appropriate legal action.

Senior advocate Vikas Singh for petitioner Rakesh Kumar Singh said the 2023 Act expands the ambit of immunity from legal action in favour of the CEC. “The credibility of the ECI is so undermined that citizens are not feeling safe,” said the senior advocate. He said that only the procedure for the transaction of business within the Election Commission should be unanimous, but decisions can be taken by majority.

Justice J. Joymalya Bagchi said that even judges are not given the protection given to the CEC in Section 16 of the 2023 Act. Under Section 16, the CEC is protected from legal action even after demitting office.