Supreme Court Gives 10 Days to Petitioners Seeking Gyanesh Kumar’s Suspension, Issues Notice to ECI

October 27, 2026

New Delhi: The Supreme Court on Tuesday gave petitioners 10 days to respond to the Election Commission of India’s defence of the Special Intensive Revision (SIR) of electoral rolls. The petitions seek the suspension of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the exercise and claims of ‘vote chori’.

A three-judge bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, also issued notice to the Election Commission on all the pleas. These include a petition filed by Leader of Opposition in the Lok Sabha Rahul Gandhi and other INDIA bloc leaders.

The court deferred the hearing and is expected to take up the matter again on November 17.

Election Commission Rejects Allegations Over SIR

The hearing came a day after the Election Commission filed a 248-page counter-affidavit defending the nationwide SIR exercise. The poll body rejected the allegations against it as “misconceived” and asked the court to dismiss the petitions.

The Commission also denied claims that Form 6, which is used to register new voters, had been altered.

In its affidavit, the ECI said the SIR orders issued on June 24, 2025, October 27, 2025, and May 14, 2026, were approved unanimously by all three members of the Commission.

It maintained that the orders were issued in line with 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.

ECI Explains How Decisions Are Taken

The Commission said that questions, observations or suggestions raised by an election commissioner while examining a file do not amount to a formal decision.

According to the affidavit, files are sent first to one election commissioner, then to the other, and finally to the Chief Election Commissioner. The ECI said that approved decisions carry the signatures of all three members.

It also stated that when an urgent order is required and members cannot be physically present, their approval can be obtained electronically and recorded on the file later.

Petitions Follow Report on Differences Within ECI

The petitions were filed after an Indian Express report alleged differences among Election Commission members over the SIR exercise.

Rahul Gandhi and other INDIA bloc leaders subsequently approached the Supreme Court, seeking action against Kumar and raising concerns over the revision of electoral rolls. The court had earlier sought the Election Commission’s response to the pleas.

The latest order gives the petitioners 10 days to respond to the Commission’s affidavit. The matter is expected to return before the court on November 17.