The Congress on Saturday, September 26, urged the Supreme Court to take suo motu cognisance of alleged “illegal and unconstitutional” changes to the voter enrolment process, accusing Chief Election Commissioner (CEC) Gyanesh Kumar of creating hurdles for young and first-time voters.
Congress general secretary Jairam Ramesh alleged that the Election Commission had changed the online version of Form 6 in July by adding a requirement asking applicants whether their parents or grandparents were included in the electoral roll during the previous Special Intensive Revision (SIR). He claimed the change was introduced without an official notification or an amendment to the rules governing the statutory form.
Congress Questions Form 6 Change
Ramesh said the Election Commission did not have the power to amend Form 6 and claimed such a change could only be made by the Union government under the Representation of the People Act, 1950, and the Registration of Electors Rules, 1960.
“The Supreme Court must immediately take suo motu cognisance and hold him accountable,” Ramesh said in a post on X, referring to Kumar.
The fresh attack came after the Election Commission directed officials to organise special enrolment camps for young voters and give them wide publicity through social media. Ramesh questioned the move, arguing that the poll panel had first introduced a requirement that made registration difficult for young voters and was now organising special camps to help them enrol.
Focus On First-Time Voters
The dispute has particular significance for first-time voters because the new declaration on the ECINet portal requires applicants to state whether their own names or those of their parents or grandparents appeared in the previous SIR electoral roll.
Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had also raised concerns over decisions related to the SIR exercise, including the Form 6 issue, according to reports. Ramesh alleged that the online form was changed in early July without an official notification or a corresponding amendment to the Registration of Electors Rules,The Hindu reports.
The controversy raises a wider question over how changes affecting voter registration should be introduced, particularly when they concern first-time voters. While the Congress views the additional declaration as an unnecessary hurdle, the Election Commission has maintained that Form 6 itself was not amended.
EC Rejects Amendment Charge
The Election Commission has said the additional SIR-related requirement was introduced through instructions and a separate declaration rather than through an amendment to Form 6. It has also maintained that final decisions relating to the SIR exercise were taken unanimously by all three Election Commissioners.
Ramesh, however, accused Kumar of violating constitutional conventions and statutory provisions.
“The CEC has broken not just Constitutional conventions and practices but has also knowingly broken the law as passed by Parliament. His continuation in office is an affront to the people of India. A confirmed law-breaker in charge of implementing laws — what has Indian democracy degenerated to,” he alleged.
Ramesh reiterated the Congress’s demand that Kumar resign, maintaining that the issue directly affected young voters.
Row Reaches Supreme Court
The Congress’s demand for Supreme Court intervention comes a day after a separate petition was filed before the court challenging alleged unilateral decisions linked to the SIR exercise, including changes concerning Form 6.
The petition seeks action against Kumar over decisions allegedly taken without the concurrence of the other two Election Commissioners. It also challenges modifications related to Form 6, while the Election Commission has maintained that decisions concerning the SIR were taken unanimously.
The dispute has therefore moved beyond a political exchange and into a legal battle over the Election Commission’s decision-making process and the procedure followed in introducing requirements affecting voter enrolment.
