ECI has accepted Form 6 tampering, now justifying it: TMC MP Dola Sen to Supreme Court

Trinamool Congress MP Dola Sen told the Supreme Court on Tuesday that the Election Commission of India (ECI), in its affidavit filed before the top court, has accepted that it tampered with the online version of Form 6.

Senior Advocate Menaka Guruswamy, appearing for Sen, told the apex court the ECI had issued a press release stating that the top court had authorised the amended Form 6 for voter registration.

"The Court did no such thing. If the Court issues notice, this matter can be heard with the batch," she said.

She added that ECI has now accepted many of the allegations made by Sen in her petition.

"But may I say something? Please see the audacity of the institution in justifying the alleged tampering with Form 6. They say that this Court allowed the Bihar SIR. That is correct. But the relevant form in the Bihar SIR concerned with citizenship and caste. It had nothing to do with Form 6," Guruswamy added.

Guruswamy was referring to ECI's affidavit filed yesterday, in which the poll body said that only the Central Government can amend Form 6. However, it acknowledged that the way the declaration attached with the Form 6 was presented online, it could be construed as though an amendment to Form 6 had been made.

This was done so that applicants would need only a single OTP and e-sign, the ECI affidavit explained.

Senior Advocate Maninder Singh, who appeared for the ECI, objected to Guruswamy's submissions.

"I represent the Election Commission. They are following rhetoric for some other purpose," Singh said.

The Court was hearing various petitions related to the functioning of the Election Commission of India (ECI) and alleged irregularities in the implementation of Special Intensive Revision (SIR) of electoral rolls across various States in India.

A bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana eventually adjourned the matter to enable toe the petitioners a time of 10 days to file their rejoinders to respond to the reply filed by the ECI on Monday.

"Matter to be listed after 10 days. Rejoinder to be filed by then," the Court ordered.

Senior Advocate Vikas Singh representing one of the petitioners earlier submitted that since the ECI reply was filed only yesterday, the parties can be allowed a week's time to file a rejoinder.

CJI Kant acceded to the request.

"I think you are right. These rejoinders should be filed," he said.

One of the petitions filed by one Rakesh Kumar Singh has sought a writ of quo warranto asking the Chief Election Commissioner (CEC) for allegedly unilaterally taking various decisions.

Besides Singh's petition, other petitions challenging the SIR and highlighting other irregularities have been filed by various political leaders including the Leader of Opposition Rahul Gandhi.

Senior Advocate Abhishek Manu Singhvi appearing for Gandhi, today said,

"This whole issue depends on the decision-making process, consultation, and whether the decision was unanimous or not unanimous. Let file notings etc be preserved."

Solicitor General Tushar Mehta called it an unfair request. While adjourning the matter, CJI Kant said,

"We are aware of everything, we will decide it."

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