The Supreme Court on Tuesday refrained from directing the Election Commission of India (ECI) to preserve its files, internal notings and communications in the controversy over alleged unilateral decisions concerning the special intensive revision (SIR) of electoral rolls, even as it assured petitioners that it would examine the records.
Election Commission denies ‘unilateral decisions’ charge
The latest hearing follows ECI’s joint counter-affidavit filed on Monday on behalf of the commission, Kumar and election commissioners Sukhbir Singh Sandhu and Vivek Joshi. The affidavit rejected allegations that the CEC acted unilaterally, asserting that the three orders governing SIR, issued on June 24, 2025, October 27, 2025, and May 14, 2026, were based on unanimous decisions and complied with Article 324 of the Constitution and Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The commission also denied amending the statutory Form 6, arguing that the declaration required during SIR was a separate document prescribed through its orders and not part of the form laid down under the Registration of Electors Rules, 1960.
It said the declaration was modified to facilitate the linking of applicants or their relatives with earlier electoral rolls, potentially allowing applicants to avoid furnishing other supporting documents.
The bench responded: “We are aware of everything. Do not worry, we will examine. Guruswamy urged the court to issue notice, arguing that ECI’s latest affidavit accepted several of the petitioners’ allegations.
Singhvi said the petitioners were seeking only an “innocuous order”. “It pertains to functioning of ECI including tampering with online Form 6 and EC releasing a press note saying that your lordships have authorised such tampering,” Guruswamy told the bench. “We will examine,” responded the court. “Please see the audacity of the institution,” she said, referring to the poll panel’s defence of the changes to Form 6.
