HighLights
  1. ECI rejects plea to restrain CEC Gyanesh Kumar.
  2. Newspaper reports cannot be considered as legal evidence.
  3. All electoral roll decisions were unanimously approved by ECI.

The Election Commission of India (ECI) on Monday told the Supreme Court that a petition seeking to restrain Chief Election Commissioner (CEC) Gyanesh Kumar from functioning is not maintainable, as newspaper reports cannot be considered as evidence in the eyes of law.

In a 15-point counter-affidavit approved jointly by the CEC and Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi, the ECI cited Article 324(5) of the Constitution, which say a CEC can only be removed from office in the same manner and on the same grounds as a Supreme Court judge.

ALSO READ: Notes Or Queries Do Not Constitute A Decision Of Commission: ECI Tells SC On Dissent Row

"No Changes To Form 6"

The poll body SAID that Form 6 has not been amended, as only the Centre can amend it. The SIR declaration is a separate document, it told the top court. 

Recommended For You

However, the poll body admitted that the online display could be read as an amendment. From October 21, the online application will be split into Form 6 and the declaration, as in the physical form, it said.

Defending its decision to conduct the Special Intensive Revision (SIR) of electoral rolls, the poll body said the exercise was undertaken in accordance with the law and the three orders on its roll-out were approved unanimously by the Commission's three members.

All Decisions Were Unanimously Approved 

In its response to pleas alleging that the CEC took several decisions without the approval of the two election commissioners, including "changes" in Form 6, which is used for enrolling in the voter list, the ECI said the SIR drive was unanimously approved.

ALSO READ: ECI Calls SIR Orders 'Unanimous' But Doesn't Deny Internal Notes By Two ECs In 15-Point SC Affidavit

The poll panel said the SIR orders issued on June 24, 2025, October 27, 2025, and May 14, 2026, were approved unanimously by the Commission's three members: the Chief Election Commissioner and two Election Commissioners.

This comes after The Indian Express reported that both the Election Commissioners objected on record at least 14 times over the last 10 months to decisions and orders on SIR of electoral rolls that they said were issued without their knowledge or recommendation.

(With Inputs From PTI)


Also In News