BY SANJEEB KUMAR SAHOO
Over the last 10 months, two of the three Election Commissioners of India, Sukhbir Singh Sandhu and Vivek Joshi, have lodged at least 14 formal objections against decisions and orders of the Election Commission, led by Chief Election Commissioner (CEC) Gyanesh Kumar, according to a report published by The Indian Express on September 23.
The report was written by Ritika Chopra, Resident Editor of The Indian Express’s Mumbai edition, who covers the Election Commission of India. I have seen her many times at Election Commission press conferences in New Delhi.
The Indian Express has also reported that the national rollout of the Special Intensive Revision (SIR) has been under the supervision of all three Commissioners. However, Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi have formally objected, on record, at least 14 times over the last 10 months — four times on a single day — to decisions taken and orders issued without their knowledge, according to their objections cited in the report.
According to the report, the Election Commission is a constitutional body under Article 324, comprising the Chief Election Commissioner and two Election Commissioners who are equal in rank. The CEC is described as “first among equals” and does not have the power to decide matters alone. Under Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, the business of the Commission is to be transacted as far as possible unanimously. Where the CEC and the Election Commissioners differ in opinion, the matter is decided according to the majority view.
The Indian Express has reported that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi repeatedly raised concerns about decisions being taken without their knowledge, including issues relating to voter registration, electoral-roll deletions, appeals, and control of electoral-roll software.
I would like to conclude by saying that the reported objections raise important questions about the functioning and decision-making process within the Election Commission of India.
Since Chief Election Commissioner Gyanesh Kumar has allegedly ignored 14 objections raised by the two Election Commissioners over the past 10 months, it seems that Chief Election Commissioner of India Gyanesh Kumar may be taking advantage of Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which bars courts from entertaining or continuing civil or criminal proceedings against current or former Chief Election Commissioners (CECs) and Election Commissioners (ECs) for official acts or words spoken in the line of duty.
And it should be noted that a press conference was held on August 17, 2025. During the press conference in New Delhi, CEC Gyanesh Kumar told India’s Opposition Leader Rahul Gandhi that there was “no third option” other than providing a declaration under oath or issuing an apology to the nation within seven days regarding his “vote theft” allegations.
