The Supreme Court on Monday clarified that it has approved nor disapproved the Election Commission of India's (ECI) revised Form 6 for voter registration.
Form 6 is to be filled by people seeking to register as voters for the first time. It is being used by the Election Commission of India (ECI) during the Special Intensive Revision (SIR) of electoral rolls in various States.
A bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana said that the revised Form 6 did not exist when the Bihar SIR matter was heard, and that the Court's observations of October 5 cannot be construed as either approval or disapproval.
The Court had on October 5 said that it had not approved any modification to Form 6.
The bench today sought to clarify the same, stating that the issue itself had never come up before it and hence, there was no occasion of the Court approving or disapproving the modification.
"What was said was that when the Bihar SIR matter was before us, the new Form 6 was not there. That does not mean it was either approved or disapproved by the Supreme Court," Justice Bagchi said.
The Supreme Court's clarification came after it was argued by a petitioner that the ECI has represented the revised Form 6 as having the Supreme Court's approval.
The counsel for the petitioner sought to highlight the Court's remarks of October 5.
"On October 5, this Court had already declared that Form 6 was not approved by the Supreme Court of India. But the Election Commission has published that the altered Form 6 has been approved by the Supreme Court. This is very important. I am seeking a direction regarding this," the counsel said.
""There was no application concerning the new Form 6. That is all we have said. whether approved or not approved. Don't pick up words like this only for yourself, please," the CJI told the petitioner's counsel.
The modified Form 6 has been at the centre of the controversy after the ECI 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.
Critics have argued that this could create an additional hurdle for first-time voters, particularly those whose families were not on the old rolls, and that the ECI could not alter a statutory form without following the procedure for amending the relevant rules.
The requirement had also reportedly drawn objections from Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi. According to The Indian Express, they had raised concerns over incorporating the declaration without an amendment to the Registration of Electors Rules, 1960.
The issue was compounded by reports that applicants could not submit the online form without answering the declaration, despite it not being marked as mandatory.
The ECI said, in a September 26 press note, that the additional declaration attached to Form 6 during the SIR had been upheld by the Supreme Court.
The Supreme Court on October 5 said that it had not approved the same.
Today, it sought to clarify that it had neither approved or disapproved the modification since the issue was never flagged before the Court.
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