The Supreme Court of India has clarified that it has neither approved nor rejected the Election Commission of India's (ECI) modified Form 6, used for registering new voters during the Special Intensive Revision (SIR) of electoral rolls. The Bench explained that the revised form was not in existence when the Court considered the Bihar SIR matter, and its earlier observations should not be interpreted as a decision on the form's validity.
Background
Form 6 is the prescribed application used by eligible individuals seeking inclusion in electoral rolls as new voters. The controversy concerns an additional declaration introduced in the online form during the SIR exercise, requiring applicants to state whether they or specified family members appeared on electoral rolls prepared during an earlier revision.
The ECI had stated in a September 26 press release that the declaration had been upheld by the Supreme Court. However, concerns were raised about whether the modification could be introduced without following the prescribed procedure under the Registration of Electors Rules, 1960.
The issue arose during proceedings concerning allegations of unilateral decision-making within the ECI and the legality of certain decisions relating to electoral-roll revisions.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana clarified the position while hearing the petition filed by Priya Mishra and others.
Advocate Narendra Mishra, appearing for the petitioner, referred to the Court's earlier observations and argued that the ECI had represented the modified Form 6 as having received the Supreme Court's approval.
Justice Bagchi explained that the Court had not examined the modified form in the earlier proceedings. He clarified:
"There is no adjudication on the new Form 6. That is all we have said. Whether approved or not approved."
The judge further explained that the earlier observation merely pointed out that the revised form was not available when the Bihar SIR judgment was delivered. It did not amount to either approval or rejection of the subsequent modification.
Chief Justice Surya Kant cautioned the petitioner's counsel against interpreting the Court's words beyond their stated context.
The Bench clarified that the validity of the modified Form 6 had not been adjudicated upon in the earlier Bihar SIR proceedings. The Court's observations could therefore not be treated as a judicial endorsement or rejection of the revised declaration.
The clarification came during the hearing of a writ petition raising questions about the ECI's decision-making process and changes to the electoral-roll system.
The Court agreed to issue notice on the petition and listed the matter for October 27, along with connected petitions concerning Chief Election Commissioner Gyanesh Kumar.
