Form 6 row: TMC MP questions ECI's defence of online changes in SC

TMC MP Dola Sen questioned the Election Commission's defence of online Form 6 changes before the Supreme Court, which gave petitioners 10 days to respond to the poll body's affidavit

Trinamool Congress MP Dola Sen on Tuesday accused the Election Commission of India (ECI) of acknowledging changes to the online version of Form 6, the application form used for voter registration, while attempting to defend the changes in its affidavit before the Supreme Court.

 

Senior advocate Menaka Guruswamy, appearing for Sen, told a bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana that the ECI had issued a press release claiming that the Supreme Court had authorised the amended Form 6.

 

"The Court did no such thing. If the Court issues notice, this matter can be heard with the batch," she said.

 

 

Guruswamy argued that the ECI's latest affidavit had supported several allegations raised by Sen in her petition. She also questioned the poll body's attempt to justify the changes by referring to the Supreme Court's decision permitting the Special Intensive Revision (SIR) of electoral rolls in Bihar.

 

"But may I say something? Please see the audacity of the institution in justifying the alleged tampering with Form 6. They say that this Court allowed the Bihar SIR. That is correct. But the relevant form in the Bihar SIR concerned with citizenship and caste, it had nothing to do with Form 6," Guruswamy added.

 

In its affidavit filed on Monday, the ECI maintained that the power to amend Form 6 rests exclusively with the Central government.

 

However, it acknowledged that the online presentation of the declaration accompanying the form could give the impression that the form itself had been amended.

 

The Commission said the change in presentation was intended to allow applicants to complete the process using a single one-time password (OTP) and electronic signature (e-sign).

 

Senior advocate Maninder Singh, appearing for the ECI, objected to Guruswamy's submissions.

 

"I represent the Election Commission. They are following rhetoric for some other purpose," Singh said.

 

The Supreme Court was hearing a batch of petitions concerning the ECI's functioning and alleged irregularities in the implementation of the SIR exercise across several states.

 

Senior advocate Vikas Singh, appearing for one of the petitioners, sought a week's time to file a rejoinder to the ECI's response, which had been submitted only on Monday.

 

Chief Justice Surya Kant agreed to the request.

 

"I think you are right. These rejoinders should be filed," he said.

 

The bench subsequently granted the petitioners 10 days to respond to the ECI's affidavit and adjourned the matter.

 

"Matter to be listed after 10 days. Rejoinder to be filed by then," the court ordered.

 

One of the petitions, filed by Rakesh Kumar Singh, seeks a writ of quo warranto (by what authority?) against the Chief Election Commissioner, alleging that he took several decisions unilaterally. Other petitions challenging the SIR exercise and raising concerns over alleged irregularities have been filed by political leaders, including Leader of Opposition Rahul Gandhi.

 

Senior advocate Abhishek Manu Singhvi, appearing for Gandhi, emphasised the need to examine how decisions were taken within the Commission and whether they were unanimous.

 

"This whole issue depends on the decision-making process, consultation, and whether the decision was unanimous or not unanimous. Let file notings etc be preserved."

 

Solicitor General Tushar Mehta opposed the request, calling it unfair.

 

While adjourning the hearing, the Chief Justice said, "We are aware of everything, we will decide it."