The Supreme Court on October 5 declined to suspend Chief Election Commissioner Gyanesh Kumar. A three-judge bench issued notices to the Election Commission, the commissioners and the government instead.

The bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana was hearing a plea alleging that key decisions were taken unilaterally, without the concurrence of the two Election Commissioners.

The petition, filed by advocate Shailendra Mani Tripathi, also sought a probe into the deletion of about 13 crore names during the Special Intensive Revision of electoral rolls. It asked for the original Form 6 to be restored.

The court said it could not pass orders without hearing the other side. It observed that constitutional authorities are expected to act according to law, and that illegal decisions can be overturned after examination.

The Election Commission has rejected the charge of unilateral action. It said all decisions were taken unanimously by the full commission over the past year.

Separately, a lawyers’ association has set up a five-member panel of retired judges, chaired by former Supreme Court judge Madan B. Lokur, to examine the legality of the SIR exercise.