A petition has been submitted to the Supreme Court of India requesting the prosecution of Chief Election Commissioner Gyanesh Kumar. The plea alleges that he made unilateral decisions at the Election Commission of India (ECI) that include changes to Form 6 and the centralisation of electoral-roll data via ECINet, which purportedly led to the exclusion of eligible voters. Alongside Kumar, Senior Deputy Election Commissioner Maneesh Garg, DG-IT Seema Khanna and other officials are named for alleged violations of their official duties.

Details of the Petition

The petition references a report published by the Indian Express on September 23, which the petitioner claims reveals documentation showing that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised concerns and recorded dissent on at least 14 instances from November 2025 to August 2026. It further indicates that no full-Commission meeting was convened for a duration exceeding four months, during which unilateral orders were allegedly issued.

According to the petitioner, the alterations to Form 6 made on the ECINet portal mandated first-time voters to disclose “last SIR” details. This change was allegedly enacted despite recorded dissent from both Sandhu and Joshi, stating that amending the statutory form would require a formal revision to the Registration of Electors Rules, 1960. The plea contains claims that Sandhu later characterised the changes as “unauthorised and illegal” and ordered their withdrawal.

Furthermore, the petition asserts that the centralisation via ECINet in New Delhi restricted the capability of local Electoral Registration Officers to modify or access vital data. An external audit recommended by Joshi was reportedly ignored, and it alleges that 97 eligible voters in Goa could not be reinstated to the electoral rolls due to a lack of a “rollback/reversal” mechanism within ECINet.

Allegations Regarding Appeals and IT Oversight

The petitioner also claims that in West Bengal, over 16.10 lakh appeals were made in the name of the ECI against electors whose inclusion had been validated by judicial authorities during the SIR exercise. This action is described as an attempt to disenfranchise voters whose names had been restored through legal means, with claims that the two other Election Commissioners and the CEO of West Bengal were not informed or authorised regarding these appeals.

Additionally, the plea states that on July 28, Garg issued an order changing the oversight structure of the IT division, which Sandhu and Joshi opposed, asserting it was a “clear violation” of Section 18. They proceeded to collectively annul this order. The petitioner relies on Section 18(2) of the 2023 Act, which stipulates that in cases of differing opinions among Election Commissioners, the majority view must take precedence.

The changes made to Form 6 and the centralisation of IT functions reportedly occurred despite the documented 2:1 opposition from the other Commissioners. In light of the alleged misconduct, the plea calls for appropriate actions against Gyanesh Kumar, Maneesh Garg, Seema Khanna, and any other officials found guilty of willfully violating official duties, as stated under Section 32 of the Representation of the People Act.

Response from the Election Commission

In response to the allegations stated in the Indian Express report, the Election Commission issued a statement on September 23, asserting that all actions undertaken carry full legal authority. It outlined that any queries raised by members during the drafting processes were standard practice. The Commission emphasised that it operates under the constitutional mandate of Article 324 and adheres to established statutory procedures, maintaining transparency and legal compliance in all its operations.

The Commission reiterated that all decisions, orders, and administrative directives issued by it are in accordance with laws and organisational regulations, thereby defending the legality of its operations. The ongoing situation remains a matter of scrutiny as further developments unfold in the Supreme Court.

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