Supreme Court to Hear Pleas Against CEC Gyanesh Kumar, ECI's SIR Decisions

The Supreme Court is set to hear a batch of pleas on Tuesday (October 27, 2026) challenging Chief Election Commissioner (CEC) Gyanesh Kumar and the decisions taken by the Election Commission of India (ECI) during the ongoing Special Intensive Revision (SIR) of electoral rolls. The hearing comes amid a legal battle over the powers of the poll body during the revision process.

The pleas question the legality of the ECI's actions during the SIR and seek to restrain the CEC from functioning in the ongoing process. The SIR is a massive exercise to update electoral rolls, involving house-to-house verification and deletion of ineligible voters. The process has been a subject of controversy, with some political parties alleging that it is being used to target certain communities. The ECI has denied these allegations, stating that the process is transparent and follows established guidelines. The SIR has also been criticised by some as opaque and prone to errors, while the ECI says it is necessary to clean up the rolls ahead of elections.

A day before the hearing, the ECI, CEC Kumar and the two Election Commissioners filed a joint affidavit in the Supreme Court, asserting that any attempt to restrain the CEC would be contrary to law. The nearly 250-page document, filed late on Monday (October 26, 2026), argued that a CEC cannot be removed from office except in the manner and on the grounds identical to those for removing a Supreme Court judge. This provision is enshrined in Article 324(5) of the Constitution, which grants the CEC security of tenure to ensure independence. The removal process requires a special majority in both Houses of Parliament, similar to the impeachment of a Supreme Court judge, on grounds of proved misbehaviour or incapacity.

The affidavit is seen as a strong defence of the CEC's position and the ECI's autonomy. It emphasises that the CEC is a constitutional authority and that interference in his functioning would undermine the independence of the Election Commission. The poll body has also defended its decisions during the SIR, stating that they are aimed at cleaning up the electoral rolls and are within its statutory powers.

Legal experts say the case will hinge on the interpretation of Article 324 and the extent of the ECI's powers during electoral roll revisions. The Supreme Court has previously intervened in matters related to the ECI to ensure free and fair elections. The hearing is expected to be closely watched by political parties and civil society groups. The case is also being seen as a test of the ECI's independence at a time when it is conducting a major electoral exercise.

The Supreme Court will now examine the pleas and decide whether to intervene in the matter. The hearing is significant as it will test the balance between judicial review and the autonomy of the Election Commission. The outcome could have implications for the ongoing SIR and future electoral processes. The Supreme Court has the power to issue directions to the ECI to ensure that the SIR is conducted fairly.

The court has not yet indicated whether it will pass any interim orders. The pleas will be heard by a bench of the Supreme Court, and the matter is likely to be argued at length. The ECI's affidavit is expected to be a key document in the proceedings.

The hearing on Tuesday will be a key moment in the ongoing debate over the ECI's powers and the conduct of the SIR. The court will decide whether to interfere with the ECI's decisions or uphold its autonomy. The outcome will have far-reaching implications for the electoral process.