/
In a 15-point affidavit, the Election Commission told the Supreme Court that a plea to restrain CEC Gyanesh Kumar is not maintainable, that he can be removed only as a Supreme Court judge can, that three SIR orders were unanimous and that Form 6 was not amended. It sought time for a detailed reply.

The Election Commission of India has told the Supreme Court that a petition seeking to restrain Chief Election Commissioner Gyanesh Kumar from functioning is not maintainable. In a 15-point affidavit filed on Monday, 26 October, it said that the Chief Election Commissioner can be removed only in the same manner and on the same grounds as a judge of the Supreme Court, that the three orders on the Special Intensive Revision of electoral rolls were unanimous, and that the petition rests on a single newspaper report. It asked the court for permission to file a detailed reply.
The affidavit was approved jointly by Kumar and the two Election Commissioners, Sukhbir Singh Sandhu and Vivek Joshi. Its first point is about the law. Article 324(5) of the Constitution says that the Chief Election Commissioner cannot be removed from office except in like manner and on the like grounds as a judge of the Supreme Court. The Commission says this means that a court cannot be asked to restrain him from working, and that any such restraint would run against the statute of 2023 that governs the appointment, conditions of service and term of office of the Commission's members. Another provision of the same law protects the Chief Election Commissioner and the other commissioners from legal action for decisions taken in office.
The second point is about evidence. The Commission says the petition relies on one newspaper article, which the petitioner himself described as investigative reportage that needs to be verified, and that a news report cannot be treated as proof of the facts it describes. It also notes that the petitioner does not dispute that the Commission was lawfully constituted. The reports available do not name the petitioner, and they do not give the date of the next hearing or the bench.
The Commission said that all three orders on the revision, issued on 24 June 2025, 27 October 2025 and 14 May 2026, were approved unanimously by the three members. This answers a claim reported in a newspaper, which says that the two Election Commissioners objected at least 14 times over 10 months to decisions that, they said, had been issued without their knowledge or recommendation. The Commission's affidavit does not take up that number directly.
The affidavit also deals with Form 6, the form that a voter uses to apply for inclusion in the electoral roll. The Commission said that the form has not been amended, since only the Centre can amend it, and that the declaration required in the revision is a separate document. It admitted that the online display could be read as an amendment, and said that from 21 October the online application has been split into the form and the declaration, as in the paper version. The point matters because the opposition has said that the revision places new burdens on voters by changing what they must sign.
The Commission said that its reply was short because of the Dussehra vacation, and it asked for time to file a detailed response. That is a normal request, and the court usually grants it. The affidavit is therefore an opening statement and not the final word.
The filing comes in the same week that the opposition INDIA bloc plans a symbolic public impeachment of Kumar on 30 October and a march to Ramlila Maidan on 1 November, and as Rahul Gandhi has asked traders to press the Prime Minister to remove him. The opposition's case is that the revision has deleted lakhs of genuine voters, and it calls the Chief Election Commissioner a participant in vote theft. The Commission's case, in this filing, is mostly about procedure: that the removal of the Chief Election Commissioner is a matter for Parliament under a strict rule, not for a court order, and that the evidence offered is not enough.
The questions that the court has to answer are narrow ones. It has to decide whether the petition can go forward at all, and, if it can, what material it will examine. The broader argument about the fairness of the revision is being fought in other petitions and in public, and the affidavit does not settle it.
What did you think?
The final electoral roll for Karnataka, published on 27 October after the Special Intensive Revision, has about 4.55 crore voters, a net fall of 99.32 lakh from 5.54 crore. After claims and objections, 10.08 lakh electors were added and 1.88 lakh deleted. Most of the fall came at the draft stage.
Subhash Gupta4 min
The Defence Acquisition Council, chaired by Rajnath Singh, granted Acceptance of Necessity on Monday to capital proposals worth about Rs 2.12 lakh crore, covering drones, counter-drone systems, helicopters, air defence and guns. About 82% of the value is to come from Indian industry.
Prateek Rawat4 min
Mumbai Police has formed an SIT, on the chief minister's instructions, to probe a purported 29-minute audio clip released by Maratha quota activist Manoj Jarange Patil alleging a Rs 500 crore payment route. Sanjay Raut wants the ED to probe it; the Shindes deny it and the BJP calls the clip fake.
Amita Sahani4 min
The Supreme Court collegium has recommended Justice Tapabrata Chakraborty of Calcutta as chief justice of Telangana, Justice P. Sam Koshy for Delhi, Justice Manash Ranjan Pathak for Gujarat and Justice Sudhir Singh for Uttarakhand. The Centre must process the names before they are notified.
Reyaansh Agarawal4 min
A special MP/MLA court in Sultanpur, Uttar Pradesh, dismissed the criminal defamation case against Rahul Gandhi on Monday. The complaint, filed by a BJP functionary, concerned a remark about Amit Shah at a Bengaluru press conference in May 2018. The court's reasons were not given in the reports.
Reyaansh Agarawal4 min
Telangana Chief Minister Revanth Reddy asked Maharashtra for a 152 metre height for the Tummidihetti barrage when he met Devendra Fadnavis in Mumbai. Fadnavis said he was ready to review the 148 metre agreement of 2016 if Maharashtra is not harmed, and proposed a joint committee of officials.
Amita Sahani4 min
Chennai's Central Crime Branch arrested former School Education Minister Anbil Mahesh Poyyamozhi on Monday, hours after the Madras High Court rejected his anticipatory bail plea. Police say about 177 private schools paid a 'party fund' for approvals; he denies it and the DMK calls it vendetta.
Prateek Rawat4 min
Delhi announced a pay revision for about 4,000 MCD public health workers, including an ₹18,000 salary and dearness allowance, at an event on Friday. The move is expected to cost ₹52 crore, as central employees still await the July 2026 DA decision.
Reyaansh Agarawal4 min
Former Supreme Court judge Sanjay Kishan Kaul says in his forthcoming memoir 'Without Fear or Favour' that then CJI D.Y. Chandrachud floated a sixth name at the last minute and asked whether to phone the government first. Kaul objected to 'pre-approval'. The claims come from excerpts.
Subhash Gupta4 min
Congress president Mallikarjun Kharge said 'Modi ka baap bhi jayega' after a man in the crowd at a Patna event shouted that the Prime Minister would not go anywhere. Amit Shah and other BJP and JD(U) leaders condemned it; Congress defended him and blamed the BJP for the ruckus.
Reyaansh Agarawal4 min
Chief Minister Omar Abdullah will expand and reshuffle his council of ministers on Tuesday at 10.30 am at Lok Bhavan in Srinagar, where Lieutenant Governor Manoj Sinha will give the oath. Three of the nine posts are vacant. The Congress is expected to stay outside the cabinet.
Amita Sahani4 min
The Election Commission has declined an RTI request for the name and version of its ECINET software, citing commercial confidence, and says no new software was bought for the SIR. Separately, officials expect five to six lakh more deletions in Telangana after a duplicate-flagging tool runs.
Prateek Rawat4 min