If Gyanesh Kumar Quits, Who Runs The Election Commission? What The Law Says

The Cockroach Janta Party (CJP) has announced nationwide protests from October 2 if Chief Election Commissioner Gyanesh Kumar does not resign by Saturday, putting fresh focus on what happens if the poll panel’s chief steps down.

CJP founder Abhijeet Dipke said the agitation would begin in Mumbai on Gandhi Jayanti before being taken to cities across the country.

The call comes amid allegations of internal dissent and irregularities in voter list revisions inside the Election Commission of India. An investigation by The Indian Express found repeated objections from Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi over decisions linked to electoral roll revisions.

With questions over Kumar’s resignation gaining momentum, what happens to the Election Commission if the CEC quits, and who runs the poll panel until a successor is appointed?

The Internal Dispute

As per report, Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi recorded objections and dissent notes at least 14 times over 10 months.

They objected to major decisions being taken in the name of the full Commission without their knowledge, describing some as “unauthorised and illegal”.

The dispute centres on the Special Intensive Revision of electoral rolls. Opposition groups allege the exercise was used to remove genuine voters and target those likely to support opposition parties.

Rahul Gandhi accused the CEC of “vote theft” and “treason”, alleging that the centralisation of electoral rolls had disenfranchised citizens.

The Election Commission has rejected the allegations, saying its actions were lawful and in accordance with the rules.

It also said differences among commissioners are normal and that highlighting isolated internal notes gives an incomplete picture of its functioning.

What Happens If The CEC Resigns?

The legal route is clear. Under Section 11(1) of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, the CEC submits their resignation in writing directly to the President of India.

There is no automatic deputy CEC or automatic acting CEC under the Constitution or the 2023 law, unlike the offices of President or Governors.

Who Runs The Election Commission?

The Election Commission functions as a multi-member body made up of the CEC and other Election Commissioners.

If the CEC resigns, the remaining Election Commissioners, currently Sukhbir Singh Sandhu and Vivek Joshi - continue in office.

The Commission remains a functioning multi-member body while a new CEC is appointed.

The remaining commissioners can handle the Commission’s administrative and day-to-day work collectively or through interim administrative charge as directed by the Union government and the President’s office.

How A New CEC Appointed?

The President appoints a new CEC on the recommendation of a Selection Committee set up under the 2023 Act. The committee consists of the Prime Minister, a nominated Union Cabinet Minister and the Leader of the Opposition in Lok Sabha.

Until the President formally appoints a new CEC, the remaining commissioners continue in office and the Commission continues to function.