Political

Supreme Court notice on CEC Gyanesh Kumar; says it never cleared new Form 6

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The Supreme Court on Monday, 5 October 2026, issued notice to the Centre and the Election Commission of India on a petition accusing CEC Gyanesh Kumar of taking decisions on his own, and said it had never approved any modified version of Form 6, the form used to enrol new voters.

The bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana also sent notice to Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi, Deputy Election Commissioner Maneesh Garg and IT Director General Seema Khanna. The Hindu reported that replies were sought within a week.

Court declines to suspend CEC Gyanesh Kumar

The petition by Patna resident Rakesh Kumar Singh relies on an Indian Express investigation, published on 23 September, which said the two commissioners had objected on record 14 times in 10 months to steps taken under the CEC. Senior advocate Vikas Singh asked the court to suspend Kumar at once or take away his powers.

The bench refused to pass any interim order. Justice Bagchi asked who would then conduct elections. The CJI said the law expects the Commission to decide unanimously or, failing that, by majority, and that the court could strike down any decision that met neither test. “We can always annul any decision,” he said.

“Modified Form 6 has not been approved by us”

On a related plea, the CJI said the court wanted to see the records to know who had changed Form 6. The Commission had said in a press note on 26 September that the declaration attached to Form 6 for the special intensive revision (SIR) had been upheld by the court. That declaration asks applicants whether they, their parents or grandparents were on the rolls of the previous revision.

Opposition and BJP trade charges

Leader of the Opposition Rahul Gandhi said it was now “established beyond doubt” that Kumar had changed Form 6 illegally and unilaterally. The Election Commission called his post misleading, saying the Bihar SIR order of 24 June 2025 had unanimous approval and was upheld by the court on 27 May 2026.

BJP spokesperson Sambit Patra said the CJI had not called Form 6 illegal and accused Gandhi of spreading lies. The BJP also said the court’s notice showed that India’s institutions were independent.

Source: The Indian Express, Hindustan Times, The Indian Express

Photo: Pinakpani / Wikimedia Commons, CC BY-SA 4.0 (resized)

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