Guwahati: The Supreme Court on Monday declined to pass an interim order suspending Chief Election Commissioner Gyanesh Kumar over allegations that he took decisions in the Election Commission of India (ECI) without the approval of the other two Election Commissioners.

A bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V Mohana issued notice to the Election Commission and the Centre, seeking their responses within a week on a plea challenging the manner in which the poll panel allegedly took decisions without the concurrence of Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi.

The court indicated that it could reconsider or recall decisions if, after examining the ECI’s response, it finds that they were taken without the required unanimity.

“After notice, if they come and show that ABC decisions were taken without unanimity, we will take those decisions back,” the court said, according to the report.

The plea was filed by Patna resident Rakesh Kumar Singh, who sought an interim direction preventing Gyanesh Kumar from exercising the functions of CEC until the final hearing of the petition.

The petitioner also sought a direction that the Commission’s business be conducted through the unanimous decisions of Sandhu and Joshi during the period, and that any appointment to the resulting vacancy be made on the recommendation of a committee that would include the Chief Justice of India.

The petitions were filed after an investigation by The Indian Express revealed that around 14 decisions had allegedly been taken in the name of the Election Commission despite objections from the other two Election Commissioners.

According to the petitions, Sandhu and Joshi recorded at least 14 objections between October 2025 and August 2026 concerning various steps related to the Special Intensive Revision (SIR) of electoral rolls.

During Monday’s hearing, senior advocate Menaka Guruswamy, appearing for the petitioner, referred to the conduct of the SIR exercise in Delhi. She said two new conditions had been added and claimed that she had herself received a notice under the exercise.

The Chief Justice, however, clarified that the Supreme Court had not approved any modified Form 6.

“Any modified Form 6 has not been approved by us. Let’s be clear. When record has produced, we would like to see who has modified. But, your prayers appear jumbled up,” the CJI said.

The court’s observations came amid petitions challenging decisions attributed to the CEC during the SIR exercise and allegations that some decisions were taken without the concurrence of the other Election Commissioners.