Election Commission defends decisions on electoral roll revision before Supreme Court

NEW DELHI — The Election Commission of India (ECI) informed the Supreme Court in a counter-affidavit that all decisions regarding the Special Intensive Revision (SIR) of electoral rolls were unanimous, while strongly opposing petitions seeking to restrain Chief Election Commissioner Gyanesh Kumar from functioning.

The counter-affidavit, filed in response to a writ petition by Rakesh Kumar Singh, addresses a batch of petitions challenging the Chief Election Commissioner’s functioning. According to the ECI, the legal challenges rely entirely on a single newspaper report and maintain that a newspaper report is not treated as evidence in the eyes of law. The poll body further stated that the CEC can only be removed through the process applicable to Supreme Court judges, rendering the plea for an order restraining him not maintainable.

Addressing specific administrative concerns raised in the litigation, the ECI stated that Form 6, used for voter registration, had not been amended during the SIR exercise. The commission clarified that only the Centre can amend Form 6, and that the SIR declaration functions as a separate document. From October 21, online applications would be split into Form 6 and a separate declaration mirroring the physical form.

The ECI maintained that all three SIR orders, issued in June 2025, October 2025, and May 2026, were unanimous decisions of the full Commission approved by Kumar and the two other Election Commissioners. The poll body added that notes, queries, or suggestions recorded by the CEC or Election Commissioners while a file is under process do not constitute decisions of the Commission.

Regarding a controversy over a work-allocation order issued on July 28, the ECI explained that the directive was issued by an Additional Secretary on deputation and was never implemented. The order was halted following a joint direction from the two Commissioners on July 30, subsequent to a letter sent to the Cabinet Secretary on July 29.

Providing operational details on the revision process, the ECI assured that unmapped voters do not need to attend hearings, as Booth Level Officers will collect documents directly from their homes. Citing an example from Goa, the commission noted that out of 97 voters described as left out, 88 had already been enrolled, six were abroad, and three held Portuguese passports.

The Supreme Court is expected to hear the batch of petitions on Tuesday.