The Election Commission of India told the Supreme Court on October 26 that the CEC can be removed only like a Supreme Court judge. In a joint affidavit, the poll panel said any attempt to restrain the CEC would be contrary to law, rejecting claims of internal friction and unilateral functioning.

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The Election Commission of India (ECI), CEC Gyanesh Kumar and the two Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi in a joint affidavit filed in the Supreme Court of India have said that the CEC cannot be removed from office except through the same grounds and procedure applicable to a Supreme Court judge, according to The Hindu.

In a nearly 250-page joint affidavit filed late on Monday, October 26, the poll panel argued that any attempt to restrain the CEC from discharging his duties would be contrary to law.

The affidavit comes amid petitions challenging Kumar’s functioning, including those filed by the Leader of the Opposition in the Lok Sabha and other INDIA bloc leaders.

Rejecting reports of alleged internal friction and claims that the CEC was functioning unilaterally, the ECI said media reports could not be treated as evidence in court. It also questioned whether petitions based on such reports were maintainable.

The Commission further clarified that it had “neither released nor authorised the release of any internal note or file to any news agency”, the report added.

The affidavit, signed jointly by Kumar and Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi, also cited Section 18 of the 2023 law governing the appointment and service conditions of the CEC and Election Commissioners. It said decisions in the multi-member Commission would be taken by majority in the event of a difference of opinion.

The ECI also defended its decision to conduct the Special Intensive Revision (SIR) of electoral rolls before the apex court, saying the exercise was undertaken in accordance with the law and the three orders on its roll-out were approved unanimously by the Commission's three members.

The law and prescribed Form 6 for voter registration were not amended, the poll panel said in its response to pleas alleging that the Election Commission (EC) took several decisions without the approval of the two election commissioners, including "changes" in Form 6.

The EC said its counter-affidavit filed in the apex court is unanimously approved by CEC Gyanesh Kumar and two Election Commissioners.

The poll panel said the SIR orders issued on June 24, 2025, October 27, 2025, and May 14, 2026, were approved unanimously by the Commission's three members, the Chief Election Commissioner and two Election Commissioners.

The poll panel said that the CEC cannot be restrained from functioning as newspaper reports are not considered as evidence in the eyes of law.

Earlier on October 5, the top court said it will examine all decisions of the EC and annul those found not to be in accordance with law, as it issued notices to the Centre and the poll body.