Gyanesh Kumar CEC Controversy: What Did The Investigation Report Say?

Gyanesh Kumar CEC Controversy: What Congress, BJP and Election Commission Are Saying?

Gyanesh Kumar CEC controversy has rocked the Election Commission of India after an investigation report revealed serious internal dissent inside the poll body over Special Intensive Revision (SIR) of electoral rolls.

Chief Election Commissioner Gyanesh Kumar, who took charge in February 2025, is facing demands for removal from Congress, TMC and CPI(M) after The Indian Express investigation claimed that his two colleagues, Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi, raised formal objections at least 14 times in 10 months.

What Did The Investigation Report Say?

The Core AllegationsThe Indian Express report, published on September 23, 2026, accessed internal file notings and correspondence of the Election Commission of India. According to the report:

The Gyanesh Kumar CEC controversy has now become the biggest issue before Bihar elections.

1. 14 Objections in 10 Months:
Election Commissioners Sandhu and Joshi recorded dissent or objections on file at least 14 times between October 2024 and August 2025. On one day, four separate objections were filed, showing deep disagreement. Both ECs claimed some decisions and orders were issued without their knowledge or without placing files before them.

2. Form 6 Controversy — The Biggest Issue:
   The report said ECI’s ECINet portal added a new question to Form 6, which is used by 18+ citizens to register as new voters. The new question asked: “Whether your own name or your parent/grandparent’s name appears in the electoral roll of last SIR exercise?”EC Sandhu described this change as “unauthorised and illegal” and demanded its immediate removal. EC Joshi said any change in Form 6 requires amendment to Registration of Electors Rules, 1960 under Section 28 of Representation of People Act, 1950, and cannot be done by executive order. Opposition says this question was meant to link SIR to citizenship proof.

3. Voter Data and Centralisation Concerns:
   The report claimed both ECs raised concerns about centralisation of electoral-roll database and software management. Earlier, electoral roll management was decentralized at CEO level in states. The new system centralised access to ECINet in Delhi. Both commissioners separately wrote to the Cabinet Secretary, flagging changes in work allocation that reduced a layer of oversight of the IT system supporting electoral rolls.

4. Deletion, Restoration and Appeals:
   Other objections included addition of new voters without proper verification, deletion and restoration of names during SIR, and handling of appeals under Section 22 and 23 of RP Act. ECs questioned why bulk deletions were happening in some states during SIR without proper hearings.

What Congress and Opposition Are Saying?

Opposition made Gyanesh Kumar CEC controversy a major political issue ahead of Bihar polls and 2026 state elections.

Congress: Senior leader K.C. Venugopal posted on X: “CEC Gyanesh Kumar has no right to remain in office. How can one person remove lakhs of voters’ names and sideline other two constitutional functionaries? We demand immediate removal and Supreme Court-monitored probe.” Congress alleged SIR is being used to delete poor, minority and migrant voters who don’t have legacy documents.

TMC: National General Secretary Abhishek Banerjee demanded removal of CEC and court-monitored investigation. He alleged disenfranchisement is being done to benefit BJP and that ECI is acting as “BJP’s branch office”. TMC is already fighting ECI in Supreme Court over SIR in Bengal.

CPI(M): Sitaram Yechury’s party demanded CEC step down, halt SIR exercise immediately, and reform ECI. Said report shows “collapse of institutional integrity” and “serious questions on how elections are conducted.”

kapil Sibal: Rajya Sabha MP said: “The report shows majority was not with Gyanesh Kumar. He was taking decisions arbitrarily according to his own whims. This is unconstitutional.”Opposition has also cited former CEC SY Quraishi’s statement that ECI must work on consensus, not majority.

What BJP and Election Commission Are Saying? ECI Clarification

Election Commission of India’s Official Response:

ECI issued clarification on September 24 through sources and press note:

“Reports of dissent are factually incorrect. Differing observations and file notings are part of healthy internal deliberations. All decisions of the Commission, including all SIR-related decisions in last 1 year, were UNANIMOUS decisions of the full Commission comprising CEC and 2 ECs.”

ECI officials told PTI that concerns raised by Sandhu and Joshi about deletion in some districts and database security were discussed in full commission meetings and resolved. They said Form 6 addition was only for data analysis and not mandatory, and was later removed after internal discussion.ECI also said under Transaction of Business Rules, CEC allocates work and can issue orders, but policy decisions are taken by full commission by majority.

BJP’s Stand:

BJP defended ECI and CEC. BJP spokesperson said: “ECI is a constitutional body. Internal file notings should not be leaked and called dissent. Congress is pressuring constitutional institutions because they fear losing elections. SIR is needed to clean fake voters and Bangladeshi infiltrators.”BJP also pointed that UPA had appointed Gyanesh Kumar as IAS officer and he served in Home Ministry under Amit Shah, but his appointment as CEC was as per new law passed by Parliament.

Legal and Constitutional Position — Can CEC Be Removed?

Gyanesh Kumar CEC controversy has also raised legal questions. Under Article 324(5) of Constitution, CEC can be removed only in like manner and on like grounds as Supreme Court judge — i.e., by Parliament with two-thirds majority on ground of proved misbehaviour or incapacity. Election Commissioners can be removed on recommendation of CEC.So opposition demand for removal is legally very difficult unless government agrees. Supreme Court can monitor ECI functioning but cannot remove CEC directly. Opposition may file petition seeking independent probe into SIR.

Why Gyanesh Kumar CEC Controversy Matters for 2026 Elections?

This controversy matters because:

1.SIR decides who votes: Special Intensive Revision 2025-26 is happening in 12 states including Bihar, Bengal, Tamil Nadu before 2026 Assembly polls. If voter lists are flawed, election result itself is questioned.

2.Trust in ECI: ECI is world’s largest election management body. Internal split of this scale — 14 objections — has never been reported before. Former CECs like T.N. Seshan, S.Y. Quraishi always stressed unanimity.

3.Data Security: Centralisation of 97 crore voters’ data is sensitive. Any breach or misuse can have national security implications.

4.Precedent: If report is true, it shows CEC took decisions without majority — which is violation of Supreme Court judgment in TN Seshan case (1995) which said CEC is first among equals, not superior to ECs.

Conclusion

Gyanesh Kumar CEC controversy is not just about one officer but about institutional integrity of Election Commission. While investigation report says 2 ECs objected 14 times, ECI says all decisions were unanimous.

Truth will be known only if file notings are made public or Supreme Court orders probe.For now, SIR exercise continues and ECI has said it will complete revision as per schedule. Congress has said it will raise issue in Parliament winter session and seek discussion.

Disclaimer: This report is based on Indian Express investigation, Economic Times summary, PTI reports, ECI clarification and public statements of political parties as of Sep 24, 2026.

straitofharmuz.co has not independently verified internal file notings.

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Source: Economic Times Full Report on CEC Controversy and ECI Official Website