The Supreme Court on Monday issued notice to the Election Commission of India (ECI) and the Centre, seeking their detailed responses within a week to a plea challenging the manner in which the poll panel, led by Chief Election Commissioner Gyanesh Kumar, allegedly took certain decisions without the approval of the other two Election Commissioners.

The court, however, refused to suspend Kumar over the allegations.

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana took note of the submissions of senior advocate Vikas Singh, appearing for petitioner Rakesh Kumar Singh, and issued the notice while observing that the ECI must function collectively.

The bench observed that decisions of the ECI have to be either unanimous or taken by majority. It said it presumed that this was how decisions were being taken and indicated that it wanted to hear the poll panel on the allegation of one-man decision-making.

The court also cautioned that suspending the CEC ex parte could stall the functioning of the ECI and affect elections. “Who will conduct the elections?” the bench asked.