SIR Row: Supreme Court to hear pleas seeking action against CEC Gyanesh Kumar today
The hearing comes amid a growing political and legal controversy over the SIR exercise and the functioning of the Election Commission.
- Oct 5, 2026,
- Updated Oct 5, 2026 11:04 AM IST
The Supreme Court is scheduled to hear today (October 5) two petitions seeking action against Chief Election Commissioner (CEC) Gyanesh Kumar over decisions related to the Special Intensive Revision (SIR) of electoral rolls. The petitioners allege that several decisions were taken without the concurrence of the other two election commissioners.
A three-judge bench led by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V Mohana will take up the matters.
The hearing comes amid a growing political and legal controversy over the SIR exercise and the functioning of the Election Commission.
What the petitions allege
The pleas have been filed by Patna resident Rakesh Kumar Singh and Delhi-based advocate Shailendra Mani Tripathi. They challenge decisions, guidelines, directions and software modifications linked to the SIR exercise, alleging that these were carried out without the approval of the full Election Commission of India (ECI).
MUST READ: Petition filed in Supreme Court seeking prosecution of CEC Gyanesh Kumar amid SIR row
The petitions rely on reports that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi recorded at least 14 objections between October 2025 and August 2026 to various SIR-related steps. The petitioners argue that the ECI is a multi-member constitutional body and that its decisions cannot be taken unilaterally by the CEC.
One petition states that Article 324(1) of the Constitution vests the superintendence, direction and control of elections in the Election Commission, not in an individual Chief Election Commissioner.
Relief sought from Supreme Court
Rakesh Kumar Singh’s plea seeks a declaration that decisions taken without the concurrence of the other commissioners are invalid. It also seeks an examination of the ECI’s primary records and, as interim relief, the suspension of Gyanesh Kumar as CEC.
Shailendra Mani Tripathi’s petition seeks the quashing of the 14 allegedly unilateral decisions. It has also requested an independent judicial inquiry commission or a Special Investigation Team (SIT) headed by a retired Supreme Court judge, assisted by cybersecurity and IT experts.
DON'T MISS: 'All decisions taken unanimously': Election Commission denies dissent report on SIR
The second petitioner has sought a forensic audit of the ECINet and ERONet databases and an investigation into the alleged deletion of around 13 crore names from electoral rolls across 30 states and Union Territories during the SIR exercise.
Prosecution and SIR challenge
The plea filed by Tripathi also seeks prosecution of Gyanesh Kumar, Senior Deputy Election Commissioner Maneesh Garg, ECI Director General (IT) Seema Khanna and other officials allegedly responsible for breach of official duty under Section 32 of the Representation of the People Act, 1950.
Separately, Singh’s petition seeks a declaration that the nationwide SIR and all actions taken under it are illegal and void from the outset. He has argued that the exercise was undertaken without the required constitutional or statutory authority and without following the legally mandated procedure.
The Supreme Court had earlier agreed to take up the matter after senior advocate Vikas Singh sought an early hearing, saying the issue of collective decision-making within the poll panel raised a serious constitutional question.
The Supreme Court is scheduled to hear today (October 5) two petitions seeking action against Chief Election Commissioner (CEC) Gyanesh Kumar over decisions related to the Special Intensive Revision (SIR) of electoral rolls. The petitioners allege that several decisions were taken without the concurrence of the other two election commissioners.
A three-judge bench led by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V Mohana will take up the matters.
The hearing comes amid a growing political and legal controversy over the SIR exercise and the functioning of the Election Commission.
What the petitions allege
The pleas have been filed by Patna resident Rakesh Kumar Singh and Delhi-based advocate Shailendra Mani Tripathi. They challenge decisions, guidelines, directions and software modifications linked to the SIR exercise, alleging that these were carried out without the approval of the full Election Commission of India (ECI).
MUST READ: Petition filed in Supreme Court seeking prosecution of CEC Gyanesh Kumar amid SIR row
The petitions rely on reports that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi recorded at least 14 objections between October 2025 and August 2026 to various SIR-related steps. The petitioners argue that the ECI is a multi-member constitutional body and that its decisions cannot be taken unilaterally by the CEC.
One petition states that Article 324(1) of the Constitution vests the superintendence, direction and control of elections in the Election Commission, not in an individual Chief Election Commissioner.
Relief sought from Supreme Court
Rakesh Kumar Singh’s plea seeks a declaration that decisions taken without the concurrence of the other commissioners are invalid. It also seeks an examination of the ECI’s primary records and, as interim relief, the suspension of Gyanesh Kumar as CEC.
Shailendra Mani Tripathi’s petition seeks the quashing of the 14 allegedly unilateral decisions. It has also requested an independent judicial inquiry commission or a Special Investigation Team (SIT) headed by a retired Supreme Court judge, assisted by cybersecurity and IT experts.
DON'T MISS: 'All decisions taken unanimously': Election Commission denies dissent report on SIR
The second petitioner has sought a forensic audit of the ECINet and ERONet databases and an investigation into the alleged deletion of around 13 crore names from electoral rolls across 30 states and Union Territories during the SIR exercise.
Prosecution and SIR challenge
The plea filed by Tripathi also seeks prosecution of Gyanesh Kumar, Senior Deputy Election Commissioner Maneesh Garg, ECI Director General (IT) Seema Khanna and other officials allegedly responsible for breach of official duty under Section 32 of the Representation of the People Act, 1950.
Separately, Singh’s petition seeks a declaration that the nationwide SIR and all actions taken under it are illegal and void from the outset. He has argued that the exercise was undertaken without the required constitutional or statutory authority and without following the legally mandated procedure.
The Supreme Court had earlier agreed to take up the matter after senior advocate Vikas Singh sought an early hearing, saying the issue of collective decision-making within the poll panel raised a serious constitutional question.