ECI Defends CEC, Tells SC SIR Decisions Were Unanimous
The Election Commission of India denies allegations against CEC Gyanesh Kumar and clarifies the status of Form 6 in a counter-affidavit to the Supreme Court.
The Election Commission of India (ECI) has moved the Supreme Court to clear the air regarding the functioning of Chief Election Commissioner (CEC) Gyanesh Kumar. In a detailed counter-affidavit, the Commission has categorically stated that all decisions regarding the Special Intensive Revision (SIR) of electoral rolls were reached unanimously by the three-member body.
Denying Unilateral Action
The ECI's response comes as a rebuttal to petitions challenging the way CEC Gyanesh Kumar has operated. The Commission clarified that three specific orders—dated June 24, 2025, October 27, 2025, and May 14, 2026—were not the result of one person's will but were approved by the CEC and both Election Commissioners, Sukhbir Singh Sandhu and Vivek Joshi.
The Commission strongly denied claims that the CEC took SIR-related decisions unilaterally while ignoring objections from the other two Commissioners. Furthermore, the ECI argued that the petitions are not maintainable, as they rely solely on newspaper reports without independent verification of the allegations.
The Controversy Over Form 6
A major point of contention in the legal battle has been the alleged amendment of Form 6, used for the registration of electors. The ECI has firmly denied these claims, stating that the Commission does not have the authority to change the form prescribed under the Registration of Electors Rules, 1960, as only the Central Government can do so.
To clarify the confusion, the ECI explained:
- The Declaration: The declaration required during the SIR exercise was a separate document designed to help map applicants with previous electoral rolls.
- Not an Amendment: This document was not an amendment to Form 6, despite how it may have appeared.
- System Update: Acknowledging that the online application process might have created the impression of an amendment, the ECI stated that it separated the online Form 6 application and the SIR declaration into two distinct components starting October 21, 2026.
Constitutional Safeguards for the CEC
The ECI has also voiced strong opposition to the plea seeking to stop Gyanesh Kumar from functioning as the Chief Election Commissioner. The Commission reminded the court of the constitutional protections afforded to the office.
Under Article 324(5) of the Constitution, the CEC can only be removed in the same manner and on the same grounds as a judge of the Supreme Court.
This legal battle began when the Supreme Court issued a notice on the petition on October 5. However, the court declined to pass any interim order to suspend Kumar from his duties at that time.