TMC MP Dola Sen Moves Supreme Court Alleging ECI Tampering With Form 6
Sen has flagged the alleged audacity of the ECI in justifying tampering of Form 6 by saying it was authorized by the Supreme Court.
TMC MP Dola Sen has moved Supreme Court against the Election Commission's alleged online Form 6 changes.
TMC leader and Member of Parliament Dola Sen has moved Supreme Court against Election Commission Of India, alleging the ECI has agreed to tampering with Form 6 during the Bihar SIR saying it was authorised by the Supreme Court to do so.
Senior Advocate Menaka Guruswamy, appearing for Sen, flagged before the supreme court the ECI's 'audacity in justifying tampering of the Form 6'.
"This pertains to the functioning of the election commission. Including tampering with Form 6, they released a press note saying that your lordships have authorized such tempering. In the Bihar SIR, which your lordships did, no such thing. Please issue notice and tag with connected matters," Guruswamy further told the bench.
Supreme Court has issued notice on Sen's plea. Senior Advocate Maninder Singh, appearing for ECI had objected to the comments made by Sen's counsel saying, "This rhetoric is for some other purpose, may not be permitted."
A CJI Surya Kant led bench yesterday adjourned the hearing in batch of petitions challenging the functioning of the Election Commission of India which raise questions concerning the exercise of powers by Chief Election Commissioner Gyanesh Kumar and allegations that decisions relating to the Special Intensive Revision (SIR) of electoral rolls were taken without the concurrence of the other two Election Commissioners.
The bench also comprising Justice Joymalya Bagchi and Justice V. Mohana heard submissions from Senior Advocate Vikas Singh, appearing for the lead petitioner Rakesh Kumar Singh, who sought time to file a rejoinder to the ECI’s counter-affidavit.
Singh also urged the Court to direct the preservation of file notings and internal communications to ascertain whether the disputed decisions were taken unanimously or unilaterally.
Two days back, the Election Commission of India had filed an affidavit before the Supreme Court in response to the petition filed against Chief Election Commissioner Gyanesh Kumar. Filed through Bhanu Prakash Yeturu, Deputy Election Commissioner, ECI, the affidavit states the SIR Orders as well as latest Orders to schedule SIR in other States and Union Territories were issued in accordance with decisions of the Election Commission of India arrived at unanimously and taken in due compliance of Article 324 of the Constitution of India read with Section 18 of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
Supreme Court has further been informed that in any decision-making process of the ECI, suggestions, observations, varying views or queries by any Official in the chain of command are taken into consideration for arriving at the decision by the competent authority.
ECI has also unequivocally rejected the misleading contention made before Supreme Court that Form 6 — as has been provided in the Registration of Electors Rules, 1960, has been amended by the Election Commission and has clarified that Form 6 can only be amended by the Central government.
Other Petitions Filed Against ECI/SIR
Notably, Opposition leaders led by Rahul Gandhi have also moved a petition before Supreme Court alleging that the Chief Election Commissioner exercised the "collective powers" of the Election Commission of India on his own during the Special Intensive Revision (SIR) of electoral rolls, and have asked the Court to call for the Commission's files, minutes and notings to test whether its decisions were lawfully taken.
The writ petition, filed under Article 32 of the Constitution by Gandhi, Leader of the Opposition in the Lok Sabha, and Mallikarjun Kharge, Leader of the Opposition in the Rajya Sabha, along with other party leaders and Members of Parliament, also questions the modification of the statutory Form 6, the design and operation of the ECINET and ERONET electoral-roll databases, and the "large-scale exclusion of electors without adequate notice, hearing or an effective mechanism for restoration."
AIMIM chief Asaduddin Owaisi has moved the Supreme Court challenging the manner in which Special Intensive Revision (SIR) of electoral rolls is being done.
Case Title: Rakesh Singh vs Union of India
Bench: CJI Kant, Justice Bagchi and Justice Mohana
Hearing Date: October 28, 2026