Petition seeks collective decision-making in Election Commission; cites Article 324 and Election Commissioners Act, 2023New Delhi.
The Supreme Court on Tuesday agreed to hear next week a fresh petition challenging the functioning of the Election Commission of India (ECI), particularly the alleged exercise of decision-making powers solely by Chief Election Commissioner (CEC) Gyanesh Kumar.The matter was mentioned before Chief Justice of India Surya Kant by senior advocate Vikas Singh. The CJI said that the petition would be listed for hearing next week.Petition Questions Individual Exercise of Commission’s PowersAccording to the petition, the Constitution’s Article 324 vests the superintendence, direction and control of elections in the Election Commission as an institution, rather than in an individual Chief Election Commissioner.The plea also refers to Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which provides for collective decision-making and states that matters on which consensus is not reached are to be decided by majority.The petitioner has sought a declaration that the powers vested in the Election Commission under Article 324 must be exercised in accordance with the constitutional and statutory framework.Petition Refers to Written Objections by Two Election CommissionersThe plea reportedly refers to written observations and file notings attributed to Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi.According to the petition, the two commissioners raised at least 14 objections between October 2025 and August 2026, alleging that certain decisions were taken in the name of the Election Commission without their approval.The issues cited in the petition include orders allegedly issued without Commission approval, the absence of agendas before meetings and minutes afterward, foreign travel without approval, changes related to Form 6, access to voter-list databases and an appeal filed before a tribunal in West Bengal.Concerns Over Voter Database and IT DivisionThe petition also refers to concerns allegedly raised by the two Election Commissioners regarding the gradual centralisation of the voter-list database and changes in the allocation of responsibilities within the Election Commission’s IT department.The petitioner has sought directions to ensure adherence to the collective decision-making mechanism and preservation of records relating to disputed decisions.Election Commission Rejects Institutional Breakdown ClaimThe Election Commission, according to the source, has maintained that differences among Election Commissioners should not be characterised as an institutional breakdown. It has said that internal objections and written notes are part of the normal functioning of a multi-member constitutional body.The Commission has also stated that decisions related to the Special Intensive Revision (SIR) were taken unanimously.The Supreme Court is scheduled to consider the petition next week, when the legal questions concerning the scope of the CEC’s powers and the collective functioning of the Election Commission will come up for consideration.
