Never approved modified Form 6 for voter enrolment: Supreme Court
The observation came from a three-member bench headed by CJI Kant during the hearing of a public interest litigation seeking action against chief election commissioner Gyanesh Kumar.
New Delhi: The Supreme Court on Monday clarified that it had not approved changes to Form 6, which is used for voter enrolment. The clarification came amid the ongoing controversy surrounding the revision of electoral rolls and protests in Delhi against chief election commissioner Gyanesh Kumar.
"Any modified Form 6 has not been approved by us. Let us be clear," Chief Justice of India Surya Kant said. "When the record is produced, we would like to see who has modified Form 6."
The observation came from a three-member bench headed by CJI Kant during the hearing of a public interest litigation seeking action against chief election commissioner Gyanesh Kumar.
The clarification came after the Election Commission of India said in a September 26 press note that the court had upheld the additional declaration attached to Form 6 during the special intensive revision.
"The declaration attached to Form 6 for SIR has been upheld by the Supreme Court. For non-SIR period, the forms applicable as per Rules (the Registration of Electors Rules 1960) will be used," ECI press statement said. The statement referred to the Supreme Court's May 27 ruling on the SIR exercise in Bihar, in which the court considered ECI's power to require additional documentation for the revision of electoral rolls. The additional declaration currently attached to Form 6 was introduced subsequently.
ADVERTISEMENT
The CJI's clarification assumes significance as questions have been raised over the nature and scope of the changes made to Form 6, which citizens use to apply for inclusion in electoral rolls.
The modified Form 6 introduced an additional declaration requiring applicants seeking inclusion in the electoral roll to state whether their own name, or that of a parent or grandparent, appeared in an earlier SIR-era electoral roll.
Some critics fear the modification could create an additional hurdle for first-time voters, particularly those whose families were not on the old rolls. They have also questioned whether ECI could alter a statutory form without following the procedure for amending the relevant rules.
The development came on a day when SC also agreed to list a plea seeking directions to the Delhi Police to permit peaceful protests at Jantar Mantar in the national capital.
The petitioner is seeking permission for peaceful protest at the designated site, contending that citizens should be allowed to exercise their constitutional right to peaceful assembly, subject to reasonable restrictions prescribed by law.
