India


SC says it never approved modified Form 6, contradicts ECI claim

Parmod Kumar
New Delhi, Oct. 5 (UNI) The Supreme Court on Monday clarified that it had never approved any modification to Form 6 requiring new voters to declare whether their own name or that of a parent or grandparent figured in the electoral rolls following the 2003 Special Intensive Revision (SIR), refuting an Election Commission of India claim that the additional declaration had received the court's approval.
A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana said no modified Form 6 had been approved by it and indicated that, once the relevant records were produced, it would examine who had authorised the changes.
The bench was hearing a petition contending that the ECI could not alter the statutory Form 6 prescribed under the Representation of the People Act and the Registration of Electors Rules, 1960.
The court's clarification came nine days after the ECI, in its September 26 press note, claimed that the declaration attached to Form 6 for the SIR had been upheld by the Supreme Court in its May 27, 2026 judgment. The Commission had relied on that judgment, which upheld the constitutional validity of the SIR and recognised the ECI's power to undertake such an exercise.
During the hearing, senior advocate Menaka Guruswamy, appearing for PIL petitioner advocate Shailendra Mani Tripathi, alleged that voting rights were under serious threat and referred to the scale of affected voters in Delhi and West Bengal. She said some excluded voters had already missed one election while another electoral exercise was approaching.
When the Chief Justice drew her attention to the wording of the prayers in the petition and suggested that they could have been framed differently, Guruswamy stood by them, stressing that the issues raised went beyond any particular State.
She told the bench: "We have grown up with free and fair elections in this country. They do not exist today. I stand by these prayers, each and every one of them. It is a national problem."
The PIL seeks action against CEC Gyanesh Kumar and senior ECI officials over allegations that decisions concerning the SIR were taken despite objections from two Election Commissioners. It also seeks a judicial inquiry commission or SIT probe into the alleged deletion of 13 crore voters.
The petitioner has further sought restoration of the statutory Form 6 and a declaration that decisions taken without majority concurrence of the Election Commissioners be treated as invalid.
According to the plea, Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi recorded objections on at least 14 occasions between November 2025 and August 2026 to decisions allegedly taken in the Commission's name. UNI PK CDS
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