Supreme Court hears challenge to Election Commission's decision-making rules under Section 18

The Election Commission of India submitted a counter-affidavit to the Supreme Court, emphasizing that its three special intensive revision orders—issued on June 24, 2025; October 27, 2025; and May 14, 2026—were adopted by unanimous vote, as mandated by Section 18 of the 2023 Chief Election Commissioner and Other Election Commissioners Act. Opposition petitioners, headed by Rahul Gandhi, argue that Chief Election Commissioner Gyanesh Kumar exercised the commission's collective powers alone, contravening the requirement for joint decision-making.

The commission contends that a single commissioner’s query or objection does not amount to a formal decision and that all final actions are signed collectively. Records show that commissioners Sukhbir Singh Sandhu and Vivek Joshi lodged written objections at least 14 times between November 2025 and August 2026, but the panel asserts that internal checks are routine and do not affect the unanimity of final rulings. The Supreme Court will consider whether Section 18 mandates a recorded unanimous or majority decision for each commission act, or merely provides a mechanism for resolving internal disagreements.