SC says it never approved Form 6 change; heat mounts on Gyanesh Kumar

NEW DELHI: Chief Election Commissioner Gyanesh Kumar came under fresh pressure after a Supreme Court bench headed by Chief Justice Surya Kant made it clear on Monday that the court had not approved the changes made to Form 6 in connection with the revision of electoral rolls. The development came amid continuing Opposition protests demanding Kumar’s resignation.

The disputed change involved an additional declaration seeking information linking the applicant or their parents to the electoral roll prepared during the previous Special Intensive Revision (SIR). Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had opposed the move, maintaining that Form 6 could not be changed without an amendment to the Registration of Electors Rules, 1960. The Election Commission, however, had claimed in a September 26 press release that the declaration attached to Form 6 for the SIR had been upheld by the Supreme Court. The claim was directly contradicted during Monday’s hearing, when the CJI made it clear that the court had not approved any modified Form 6.

The bench, which also comprised Justices Joymalya Bagchi and V. Mohana, said it would examine the records to determine how the change was introduced and who authorised it. The court said decisions of the Election Commission have to be taken either unanimously or by majority and indicated that any decision found to be contrary to law could be annulled. The minutes of the Commission and other records produced before the court are therefore expected to be crucial.

Court seeks response before deciding on suspension

The Supreme Court did not immediately intervene on pleas seeking the suspension of Gyanesh Kumar, saying it would consider interim relief after hearing the responses of Kumar and the other respondents. Notices were issued to the Centre, the Election Commission, the Chief Election Commissioner, Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi, Deputy Election Commissioner Maneesh Garg and Director General (IT) Seema Khanna.

The court also questioned whether suspending the CEC would affect the functioning of the Election Commission and asked who would conduct elections thereafter. Senior advocate Vikas Singh, appearing for petitioner Rakesh Kumar Singh, submitted that the two Election Commissioners could discharge the Commission’s responsibilities.

‘INDIA’ bloc to march today

MPs of the ‘INDIA’ bloc are scheduled to march to the Election Commission office on Tuesday over the electoral-roll revision controversy. Congress leader Rahul Gandhi alleged that Gyanesh Kumar had altered Form 6 illegally and unilaterally, saying there was now no doubt about it. CPI Rajya Sabha MP P. Santhosh Kumar said Gyanesh Kumar had no right to continue in office.