Supreme Court Clarifies Status of Form 6 Modifications in Bihar

On Monday, the Supreme Court of India clarified that it has neither approved nor rejected the modifications made to Form 6, which is crucial for voter enrollment. This statement was made during the hearing of a petition related to the special intensive revision (SIR) of electoral rolls in Bihar. Form 6 is utilized by eligible individuals to request inclusion in the electoral rolls, and the recent changes require applicants to disclose whether their parents or grandparents were listed in the previous SIR.

The bench, comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana, addressed the confusion surrounding the approval of the modified Form 6. The petitioner’s counsel argued that the Election Commission had indicated the apex court had approved these modifications. However, Justice Bagchi reiterated that the court had not adjudicated on the new Form 6, emphasizing that the matter was not present during the discussions on Bihar's SIR.

Justice Bagchi further clarified that the court's previous observations did not imply approval or disapproval of the modified form. The bench stated that the plea would be considered alongside other pending petitions related to the SIR, with a hearing date set for October 27. The court also mentioned that it would review the records to determine who had made the modifications to Form 6.

The Election Commission's assertion that the changes to Form 6 had received the Supreme Court's approval was met with skepticism. A report from the Indian Express highlighted internal disagreements among election commissioners regarding the modifications, suggesting that the Chief Election Commissioner had acted unilaterally. Following this report, the Election Commission issued a statement on September 26, asserting that the declaration attached to Form 6 for the SIR had been upheld by the Supreme Court.

The ongoing legal discourse centers around the provisions of the Chief Election Commissioner and Other Election Commissioners Act, 2023, particularly Section 18, which outlines decision-making processes within the Election Commission. The plea raised concerns about the introduction of ancestral details in Form 6 without the necessary statutory amendments, indicating potential procedural violations in the electoral process. As the situation develops, stakeholders will be closely monitoring the upcoming hearing for further clarity on the matter.