SC on form 6 changes
New Delhi, Oct. 6 -- The Supreme Court on Monday said that it had not approved a modified Form 6 -- the statutory application used by citizens to register as voters -- days after the Election Commission of India (ECI) stated that a controversial additional declaration appended to Form 6 for the special intensive revision of electoral rolls (SIR) had been upheld by the apex court.
The court issued notice on a plea challenging alleged changes made to the form on the ECINet/ERONet portal during the ongoing SIR.
"Any modified Form 6 has not been approved by us. Let's be clear. When records will be produced, we would like to see who and what has modified," said a bench led by Chief Justice of India (CJI) Surya Kant, signalling that the court would examine the records to determine who authorised the changes and the nature of changes, if any.
The court's comments came roughly a week after ECI defended the changes in the online version of Form 6, asking for details of parents or grandparents in the previous SIR. "The declaration attached to Form 6 for SIR has been upheld by the Hon'ble Supreme Court. For non-SIR period, the Forms applicable as per Rules [the Registration of Electors Rules, 1960] will be used," ECI said in the September 26 release.
To be sure, ECI was likely referring to the Supreme Court's May judgment concerning the SIR exercise in Bihar, in which the court examined the commission's authority to call for additional documents while revising electoral rolls.
The court's clarification was immediately picked up by the Opposition with Congress leader Rahul Gandhi saying, "It is now established beyond doubt that Gyanesh Kumar changed Form 6 illegally and unilaterally. This is just one more proof of him abusing his position to help the BJP. He and everyone else involved in this criminal assault on our democracy will be held accountable."
ECI responded hours later, calling the statement misleading.
"The order for SIR in Bihar issued on 24 June 2025 was issued with the unanimous approval of the commission. This order has been upheld by the Hon'ble Supreme Court of India in its judgment dated 27 May 2026. In its press note No. 120 dated 26 September 2026, in point 1(iii), ECI has stated that, The declaration attached to Form 6 for SIR has been upheld by the Hon'ble Supreme Court."
To be sure, interpretation of the May 2026 order appeared key in the reasoning part of that judgment, the top court had said, "It is true that Form 6, as prescribed under the Registration of Electors Rules, 1960, sets out a framework of documentation; however, the same is tailored to the process of revision contemplated under Section 21(2) of the RP Act and may not, in all situations, be capable of literal application to an exercise of the present nature. The commission, therefore, retains a degree of residual authority to formulate an appropriate documentation framework suited to the exigencies of a Special Intensive Revision. Such authority, however, is not unbounded. In devising such a framework, the Commission must remain cognisant of the existing statutory scheme, and any departure therefrom must be informed by a rational nexus to the object sought to be achieved. The formulation of the documentation regime must thus reflect a calibrated balance in drawing from the statutory framework, while adapting it, where necessary, to effectively serve the purpose of ensuring the accuracy and integrity of the electoral roll."
The 2025 ECI order on Bihar SIR referred to an Annexure D, which was a declaration form to be submitted by those filling Form 6. To be sure, that form didn't ask for any details of an applicant's parents' SIR verification. These additional changes were first reported in July this year.
The bench, also comprising justices Joymalya Bagchi and V Mohana, was hearing a petition filed by advocate Shailendra Mani Tripathi challenging the alleged modifications....
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