India


ECI acknowledged alteration to online Form 6, has audacity to justify it: TMC's Dola Sen tells SC

Parmod Kumar

New Delhi, Oct 27 (UNI) Trinamool Congress MP Dola Sen on Tuesday told the Supreme Court that the Election Commission of India had effectively acknowledged altering the online presentation of Form 6, which it was now seeking to justify, contrasting this position in its affidavit filed on Monday with its September 26 press note stating that the declaration attached to Form 6 had been upheld by the Supreme Court in its May 27 judgment on the Special Intensive Revision of electoral rolls.

The Supreme Court had, on October 5, said that it had never approved any modification to Form 6. It subsequently clarified on October 12 that it had neither approved nor disapproved the modified Form 6 because the issue had not been before it during the Bihar SIR proceedings.

Appearing for Sen, senior advocate Menaka Guruswamy told a bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana that the ECI had acknowledged that the manner in which the SIR declaration was displayed online could give the impression that Form 6 itself had been modified.

“Please see the audacity of the institution in justifying the alleged tampering with Form 6,” Guruswamy told the bench.

She submitted that the ECI’s affidavit had accepted several of the issues raised in Sen’s petition and questioned the Commission’s reliance on the Bihar SIR proceedings, contending that those proceedings did not concern Form 6 and could not be treated as approval of its alteration.

In its affidavit, the ECI has maintained that only the Central government can amend statutory Form 6 and that no such amendment was made by the Commission. It said the SIR declaration was a separate document, though its online presentation alongside Form 6 could have created a contrary impression.

The arrangement, it said, was adopted to allow applicants to complete the process through a single OTP and e-sign.

Senior advocate Maninder Singh, appearing for the ECI, objected to Guruswamy’s submissions and accused the petitioners of indulging in rhetoric for another purpose.

The court was hearing a batch of petitions questioning the functioning of the Election Commission and alleged irregularities in the SIR exercise, including large-scale deletion of voters.

The petitions have been filed by, among others, Rahul Gandhi, Digvijaya Singh, Asaduddin Owaisi, Dola Sen, Rakesh Kumar Singh, Shailendra Mani Tripathi, Priya Mishra and the Human Justice Organisation.

The bench gave the petitioners 10 days to file rejoinders to the ECI’s October 26 affidavit and directed that the matters be listed thereafter.
The case is tentatively listed for hearing on November 17, 2026.

Senior advocate Abhishek Manu Singhvi, appearing for Gandhi, sought preservation of file notings concerning the Commission’s decision-making process and whether its decisions were unanimous.
Solicitor General Tushar Mehta called the request unfair.

While adjourning the matter, CJI Kant said: “We are aware of everything, we will decide it.”
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