The Election Commission of India told the Supreme Court that Chief Election Commissioner Gyanesh Kumar can be removed only in the same manner as a Supreme Court judge, defending its decisions on electoral roll revision.
Published: October 26, 2026, 11:52 PM IST
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Election Commission Takes Major Decision Amid SIR Controversy
New Delhi: In a significant national development amid the ongoing protest against Chief Election Commissioner (CEC) Gyanesh Kumar, the Election Commission of India (ECI) has told the Supreme Court that a plea seeking to restrain the CEC from functioning is not maintainableAsserting that the CEC can be removed only in the same manner and on the same grounds as a judge of the apex court, the poll body also defended its decision-making procedure and the conduct of the Special Intensive Revision (SIR) of electoral rolls.
What ECI said in defence of CEC Gyanesh Kumar?
The ECI said the petition, which questions whether CEC Gyanesh Kumar could individually exercise or represent powers vested in the multi-member poll panel, was based entirely on a single newspaper report and sought extraordinary reliefs without establishing the factual basis for its allegations“The averments in the Writ Petition are admittedly based solely on a single newspaper report,” the affidavit stated, adding that the petitioner had neither attempted to ascertain the factual position from the poll panel nor made any representation to it.
The ECI said the petitioner had himself described the material relied upon as an “investigative reportage” requiring verification, and argued that a newspaper report could not be treated as evidence of the facts it narrated, a report by PTI news agency said.
“A public interest petition built on such material calls for its conclusions to be examined with circumspection,” the affidavit statedThe ECI further submitted that the petition did not dispute that the constitution of the Commission was in accordance with law and that the petitioner had accepted that the CEC was duly appointedIt said the prayer seeking a writ of quo warranto was, therefore, misconceived.
Provision on removal of CEC
On the prayer to restrain the CEC from functioning, the ECI invoked Article 324(5) of the Constitution, which provides that the CEC shall not be removed from office except in like manner and on the like grounds as a judge of the Supreme Court.
“The prayers in the Writ Petition for passing of an order restraining the CEC would not be maintainable,” the affidavit statedIt further argued that any restraint on the CEC would run contrary to Section 18 of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which governs the transaction of business by the poll body.
(With inputs from agencies)
