In short: In an affidavit filed in the Supreme Court on 26 October 2026, the Election Commission of India (ECI) said all three orders on the Special Intensive Revision (SIR) of electoral rolls were approved unanimously by its three members. It also said Form 6, the form for new voters, was not amended. The petitions challenging this are still pending.
What has happened?
Petitions before the Supreme Court allege that decisions of the ECI were taken by Chief Election Commissioner (CEC) Gyanesh Kumar in the Commission's name, without the approval of Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi. The ECI has now filed a counter-affidavit opposing them. The Court had heard the matter on 5 October and asked for the ECI's response.
The affidavit says the three SIR orders, dated 24 June 2025, 27 October 2025 and 14 May 2026, were issued on unanimous decisions of the Commission. It adds that the affidavit itself was approved unanimously by all three members. The ECI called the petitions misconceived and not maintainable.
Why is this a legal question?
The Commission's power flows from Article 324 of the Constitution. Its decision-making is also governed by Section 18 of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. As described in the reports, Section 18 says the Commission should, as far as possible, decide unanimously, and that differences of opinion are to be settled by majority.
The petitioners argue that collective power cannot be exercised by one member alone. They also say that approval given later, or treating objections as routine exchanges, does not satisfy the law.
What does the ECI say about how it decides?
- Single news report: The ECI says the plea rests on one newspaper report. In its words, a newspaper report is not treated as evidence of the facts it narrates.
- File movement: Files go first to one Election Commissioner, then the other, and finally to the CEC.
- Queries are not decisions: A suggestion, observation or query by any member while a file is moving is not a decision under Section 18.
- Urgent cases: Members may approve electronically, and the approval is recorded on file afterwards.
- Action against officials: Officials who issue orders without approval from the competent authority will face action.
The petitions refer to 14 objections said to have been recorded by the two Election Commissioners between 28 October 2025 and 14 August 2026.
What about Form 6?
Form 6 is filled by people applying to be registered as voters for the first time. During the SIR, applicants were also asked for a declaration on whether they, or a parent or grandparent, appeared in an earlier SIR-era electoral roll. Critics say this could be a hurdle for first-time voters whose families were not on the old rolls. They also say a statutory form cannot be changed without following the amendment procedure.
The ECI's reply:
- Form 6 was not amended. Only the Central Government can amend it.
- The SIR declaration is a separate document, not part of the form under the Registration of Electors Rules, 1960.
- The ECI accepted that the online display could be read as an amendment. It explained that this was done so applicants needed only one OTP and e-sign.
- By a decision of 21 October 2026, the online application will be split into two parts, like the physical forms.
Who is affected, and what changes for voters?
The ECI says applicants whose details link to earlier rolls can submit the declaration with Form 6 without extra documents. Others must give the prescribed supporting documents. For voters who cannot be mapped, Booth Level Officers will collect documents from their homes. Such people need not be called to the ERO or AERO office. Hearings will be held only in exceptional cases, preferably online. The ECI also says eligible people can still apply for enrolment after the SIR ends.
Other points in the affidavit: no entry on ECINet is added, deleted or modified except by order of the Electoral Registration Officer, and a committee including experts from IIT Mumbai and IISc Bengaluru was set up on 14 October 2026 to check its legal compliance.
What happens next?
The ECI said it filed a brief response because of the Dussehra vacation and has sought permission to file a detailed reply. Petitions by others, including Leader of Opposition Rahul Gandhi, will be heard along with this one. The Court has not decided the issue.
Frequently asked questions
Has the Supreme Court ruled on whether the SIR orders were lawful?
No. The ECI has only filed its response. The petitions are pending, and the Court has said it would examine the Commission's decisions.
Did the ECI change Form 6?
The ECI says no. It says the SIR declaration is a separate document and that only the Central Government can amend Form 6. It accepts that the online presentation could be read as an amendment, and the online application will now be in two parts.
Do voters who cannot be mapped to old rolls have to attend hearings?
According to the ECI, such voters need not be called to the ERO or AERO office. Booth Level Officers will collect documents from their homes, and hearings will be held only in exceptional cases, preferably online.
Sources
- Bar & Bench: No change to Form 6; members' approval obtained electronically in urgent matters: ECI to Supreme Court
- Mint: SIR controversy: Election Commission says all three members approved orders, denies amending Form 6
- India Today: ECI tells Supreme Court all 3 SIR orders were unanimous, denies CEC acted alone
- Hindustan Times: All SIR decisions unanimous, Form 6 not amended: Election Commission to Supreme Court