The Supreme Court will hear next week a petition challenging unilateral decisions by Chief Election Commissioner Gyanesh Kumar, alleging violation of the collegial nature of the Election Commission. The case may impact interpretation of the CEC Act, 2023.
SC to Hear Challenge Against CEC's Unilateral Actions
The Supreme Court has agreed to hear next week a petition challenging the unilateral decision-making by Chief Election Commissioner (CEC) Gyanesh Kumar, filed by Senior Advocate Vikas Singh. The plea, mentioned before Chief Justice of India Surya Kant on Tuesday, alleges that the CEC has taken key decisions in the name of the Election Commission of India (ECI) without the concurrence of the two other Election Commissioners, Sukhbir Singh Sandhu and Vivek Joshi.
The petition argues that the three-member structure under the Chief Election Commissioner and Other Election Commissioners Act, 2023, was designed to ensure collective decision-making, and unilateral actions undermine constitutional morality and the integrity of electoral processes. It invokes Article 14 and Article 324 of the Constitution, emphasizing the need for transparency and collegiality in election administration.
The court’s decision on whether to admit the petition and refer it to a Constitution Bench could have far-reaching implications for the functioning of the ECI. Legal practitioners should monitor whether the judiciary asserts oversight over internal commission procedures. The outcome may shape the balance of power within the Election Commission and influence future challenges to institutional governance.
