The Supreme Court on Tuesday refrained from directing the Election Commission of India (ECI) to preserve its files, internal notings, and communications in the controversy over alleged unilateral decisions on the special intensive revision (SIR) of electoral rolls, even as it assured petitioners it would examine the records.
The affidavit rejected allegations that the CEC acted unilaterally, asserting that the three orders governing the SIR, issued on June 24, 2025, October 27, 2025, and May 14, 2026, were based on unanimous decisions and complied with Article 324 of the Constitution and Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The commission also denied amending the statutory Form 6, arguing that the declaration required during the SIR was a separate document prescribed through its orders and not part of the form laid down under the Registration of Electors Rules, 1960. The ECI’s affidavit has maintained that suggestions, queries or objections raised by individual commissioners during deliberations do not, by themselves, amount to decisions of the commission under Section 18. Section 18 provides for decisions to be taken unanimously as far as possible and, where the commissioners differ, by majority.
It said the declaration was modified to facilitate linking applicants or their relatives to earlier electoral rolls, potentially allowing applicants to avoid furnishing other supporting documents. It said the commission decided matters collectively, either at meetings or on files bearing the commissioners’ signatures. Earlier reporting noted: “The question is whether the decision was taken in accordance with the rules,” he said, adding “If all three act arbitrarily, does that mean the decision is no longer arbitrary?
The latest hearing follows the joint counter-affidavit filed on Monday on behalf of ECI, Gyanesh Kumar and election commissioners Sukhbir Singh Sandhu and Vivek Joshi. Earlier reporting noted: In its affidavit filed before the Supreme Court on Monday, the ECI informed the Supreme Court that all decisions relating to the special intensive revision (SIR) of electoral rolls were taken unanimously by its three members, rejecting allegations that chief election commissioner Gyanesh Kumar acted unilaterally or that the poll panel violated the law governing its decision-making process.
The bench responded: “We are aware of everything. Do not worry, we will examine. Guruswamy urged the court to issue notice, arguing that ECI’s latest affidavit accepted several of the petitioners’ allegations.
Singhvi said the petitioners were seeking only an “innocuous order”. “Please see the audacity of the institution,” she said, referring to the poll panel’s defence of the changes to Form 6.
