CJI Surya Kant: Any modified Form 6 not approved by Supreme Court - The Indian Express

In response to an argument on the “unlawful” modifications made to Form 6, which new voters have to fill, Chief Justice of India (CJI) Surya Kant on Monday said that the Supreme Court hadn’t approved “any” of the modifications to Form 6 and indicated that the court will examine who had modified it upon receiving a report from the Election Commission.

The statement came when a three-judge bench headed by the CJI was hearing the petitions filed against Chief Election Commissioner Gyanesh Kumar.

For the first time, the Election Commission’s online version of the electors’ registration form, known as Form 6, included a new section that seeks the status of the applicant’s parents vis-à-vis the last Special Intensive Revision (SIR) of electoral rolls, even though the statutory form itself has not been amended.

The Election Commission, however, removed the SIR declaration added to Form 6 from its ECINET application portal in states where the SIR has concluded. The poll body had on September 26 announced that “for non-SIR period, the Forms applicable as per Rules (the Registration of Electors Rules 1960) will be used”.

Referring to The Indian Express report, Senior Advocate Menaka Guruswamy argued, “Let me give you an illustration…since it pertains to most recently, for instance, Delhi. Let us see how the SIR was conducted in Delhi. Form 6 has two new conditions added. Those Forms 6 were circulated. Neither the petitioner is now allowed to be on the roll. I got a notice also…based on this new Form 6, which cannot, under the schedule, be modified.”

Responding to Guruswamy, the CJI said, “Let’s be very clear. Any modified Form 6 has not been approved by us… Let us also be clear that when the report will be produced, we will like to see who has modified what.”

The Indian Express had reported on the Election Commission’s September 26 press note on Form 6. The ECI had then said the form prescribed under the Registration of Electors Rules will apply outside the SIR period.

“The declaration attached to Form 6 for SIR has been upheld by the Hon’ble Supreme Court. For non-SIR period, the Forms applicable as per Rules (the Registration of Electors Rules 1960) will be used,” it read.

Guruswamy was arguing a petition filed by advocate Shailendra Mani Tripathi, which stated, “Defying this binding majority, respondent number 3 (Gyanesh Kumar), acting in concert with respondent number 6 (DG-IT), altered Form 6 digitally on the ECINet portal in July 2026. On August 13, 2026, Commissioner Sandhu formally recorded that this alteration was ‘unauthorised and illegal’ and was causing arbitrary harassment to young, eligible first-time electors, ordering its immediate withdrawal. Despite this, the unauthorised form was kept live on the portal.”

The plea argues there was a unilateral and illegal alteration of statutory Form 6 for first-time young voters without “legislative authority or amendment of the Registration of Electors Rules, 1960” which could be termed “unauthorised and illegal” by a majority of the Commission.

The petition further alleged that the act of the Chief Election Commissioner of “deliberately manipulating the electoral roll bears no reasonable nexus or legal connection to his official duties”. “Such an act falls squarely outside the ambit of official immunity and constitutes distinct, personal criminal liability,” it added.

Aamir Khan is the Head-Legal Project for Indian Express Digital, based in New Delhi. With over 15 years of experience as a journalist bridging journalism and law, he oversees comprehensive legal coverage across all judicial bodies for the website, translating complex court proceedings into clear, impactful public reporting. Expertise Specialised Legal Authority: Aamir holds an LLB, providing him with the formal legal training necessary to analyse constitutional matters, statutes, and judicial precedents with technical accuracy. Experience  Press Trust of India (PTI): Served as News Editor, where he exercised final editorial judgment on legal stories emerging from the Supreme Court of India and various High Courts for the nation's primary news wire. Bar and Bench: As Associate Editor, he led the vanguard of long-form legal journalism, conducting exclusive interviews and producing deep-dive investigative series on the most pressing legal issues of the day. Foundational Reporting: His expertise is built on years of "boots-on-the-ground" reporting for The Indian Express (Print) and The Times of India, covering the legal beats in the high-intensity hubs of Mumbai and Delhi. Multidisciplinary Academic Background: LLB PG Diploma in Journalism (New Media). BSc in Life Sciences and Chemistry. ... Read More