Bench Rejects Interim Suspension of CEC but Demands Commission Accountability
Intervening in the growing political and institutional controversy surrounding the Election Commission of India (ECI), the Supreme Court issued formal notices to the poll panel, the Union Government, Chief Election Commissioner (CEC) Gyanesh Kumar, and Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi. The three-judge bench led by CJI Surya Kant gave all respondents one week to submit detailed affidavits detailing procedural protocols followed during the Special Intensive Revision (SIR) of voter lists.
While issuing notice, the court declined to grant an interim order suspending CEC Gyanesh Kumar or staying the SIR drive, emphasizing that an administrative vacuum must be avoided. However, the CJI issued a firm warning regarding the statutory requirement for multi-member consensus under the 2023 ECI Act, stating: "There is a mandatory law, and we expect them to follow it. If there is any violation, we will undo."
Overview: Key Supreme Court Clarifications and Procedural Directives (Oct 5, 2026)
| Judicial Parameter / Court Ruling | Supreme Court Observation / Direction | Statutory / Legal Context |
| Form 6 Modifications | "Any modified Form 6 has not been approved by us" | Registration of Electors Rules, 1960 |
| Notice & Response Window | 1-Week Mandatory Response from ECI & Centre | Reviewing internal dissent notes & software logs |
| Interim Relief Ruling | Declined interim suspension of CEC Gyanesh Kumar | Preserving institutional continuity pending inquiry |
| Collegial Authority | Decisions must be unanimous or by statutory majority | Section 10 of Chief Election Commissioner Act, 2023 |
CJI Contradicts ECI Claims Over Form 6 Approvals
The core point of friction during Monday's proceedings centered on the poll panel's September 26 press release, which claimed that modifications to Form 6—adding mandatory supplementary declaration fields regarding parents' and grandparents' registration history—were executed pursuant to Supreme Court judgments.
Supreme Court Judicial Scrutiny Pipeline: ----------------------------------------- PILs Filed vs CEC Administrative Orders ──> SC Clarifies "No Court Approval Given" ──> ECI & Centre Served 7-Day Notice ──> Records & IT Audit ReviewFirmly dispelling the claim, Chief Justice Surya Kant orally observed: "We are making it clear, any modifications to Form 6 have not been made by us... Modifications to Form 6 should be done through the proper lawmaking process, and not by unilateral administrative actions." The bench ordered the ECI to submit all internal file notes and IT modification logs to verify who authorized the software alterations on the ECINet platform.
Dissent Notes and Systemic Integrity Under Review
Representing the petitioners, Senior Advocates Vikas Singh and Menaka Guruswamy argued that CEC Gyanesh Kumar had bypassed fellow commissioners Sukhbir Singh Sandhu and Vivek Joshi, pointing to 14 documented internal dissent notes recorded over ten months. Justice Joymalya Bagchi remarked during arguments that even judges are not accorded the sweeping post-retirement protections granted under Section 16 of the 2023 Act, underscoring the necessity for judicial oversight.

