A petition has been filed before the Supreme Court alleging that Chief Election Commissioner (CEC) Gyanesh Kumar has been taking decisions in the name of the Election Commission of India (ECI) without the approval of the two Election Commissioners, Sukhbir Singh Sandhu and Vivek Joshi.

The petition, filed by Rakesh Kumar Singh, has sought a writ of Quo Warranto, asking the CEC to explain under what authority he has acted, and continues to act, as though he can individually exercise the collective powers vested by Article 324 of the Constitution in the Election Commission.

The ECI is a three-member body comprising the CEC and two Election Commissioners. Under the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, the Commission is required to transact its business, as far as possible, unanimously. Where the members differ, a decision is to be taken according to the majority view.

The plea, however, alleges that several decisions were taken despite objections from the two Election Commissioners. It refers to reports by The Indian Express alleging differences within the poll panel over various decisions.

According to the petition, between October 28, 2025 and August 14, 2026, the two Election Commissioners raised at least 14 separate objections to steps allegedly taken in the name of the ECI without the Commission's approval.

The plea has alleged “progressive centralisation” of powers within the poll panel and raised concerns over the alleged absence or delay in circulation of agendas and minutes, changes to electoral-roll procedures and the filing of appeals without the knowledge or approval of the two Election Commissioners.

The petitioner has argued that if powers constitutionally vested in the Election Commission as a multi-member body are exercised by a single office without following the procedure prescribed under the Constitution and the 2023 Act, it would raise serious questions about the validity of decisions concerning electoral rolls and voting rights.

The petition has therefore sought a declaration that if the CEC exercised or continues to exercise the collective authority of the ECI without a decision of the Commission in accordance with Section 18 of the 2023 Act, such exercise of power should be declared invalid.

It has also sought a declaration that the Special Intensive Revision (SIR), along with all actions, decisions, directions and consequential measures taken pursuant to it, be declared void ab initio and without lawful authority.