Justice Abhay Oka Questions SIR Process, Urges Supreme Court To Reconsider May 2026 Judgment

Mumbai, October 15, 2026: Former Supreme Court judge Justice Abhay Oka has urged the Supreme Court to reconsider its May 2026 judgment upholding the constitutionality of the Election Commission of India’s (ECI) Special Intensive Revision (SIR) of electoral rolls, questioning the legality of its procedures and the deletion of voters’ names for failing to submit enumeration forms.

Justice Oka Questions Legal Basis Of SIR

Referring to Section 21(3) of the Representation of the People Act, 1950, Justice Oka questioned the decision to conduct intensive revision across all constituencies simultaneously. He said the provision allows revision of a given constituency at a time and requires the exercise to be completed before general elections.

“The Supreme Court must revisit its judgment,” he said.

Justice Oka also challenged the legal basis for the enumeration forms introduced by the ECI, stating that neither the 1950 Act nor the Registration of Electors Rules, 1960, permits deleting a voter’s name solely for failing to submit the form.

“If someone doesn’t fill the enumeration form, their name should remain in the draft list. The ECI can then issue a notice and give the voter a hearing,” he said.

Questions Raised Over Changes To Voter Forms

He also questioned changes to Forms 6 and 8, used for voter registration and updating electoral roll details. According to him, the power to frame rules rests with the Central government, and the ECI cannot independently introduce changes that require legislative backing.

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He cautioned that upholding the constitutionality of the revision process does not give the ECI unrestricted powers in its implementation. Even if the procedure is legally valid, courts can intervene if it is carried out arbitrarily, he said.

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