The Supreme Court on Monday issued notice to the Election Commission of India and the Central government while hearing a petition seeking CEC Gyanesh Kumar's suspension. During the hearing, however, the top court made an important observation that it had not approved any changes to Form 6.
While hearing the case, Chief Justice of India Surya Kant said, "Any modified Form 6 has not been approved by us. Let's be clear."
The remarks are significant as ECI had earlier stated, to quell the concerns regarding Form 6, that it didn't make changes but attached an additional declaration as part of the SIR exercise.
In a September 26 statement, the poll body had further claimed that the declaration was upheld by the Supreme Court in its judgement challenging the Bihar SIR.
While the SC had indeed upheld the Bihar SIR, the question is now narrowed down specifically to judicial vetting of the additional declaration.
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What's next on Form 6?
CJI Surya Kant said that the court will look into the records once produced, after which it will see who has modified it. The CJI-led bench has directed the poll body to produce all documents related to the case. The Supreme Court has also emphasised that any decision must be taken only by unanimity or majority, adding that it would annul the orders lacking such merit.
What's the row?
A row erupted over Form 6 after a report by The Indian Express stated that the two Election Commissioners had objected to the inclusion of an additional declaration in Form 6. The two ECs had cited the poll body's limitation to make such changes under the Registration of Electors Rules, 1960.
As per the law, any change in Form 6 requires an amendment to the Rules. Reacting to the claims, the poll panel had said the declaration attached to Form 6 for the SIR had been upheld by the Supreme Court.