The Supreme Court on Monday clarified that it has neither approved nor rejected the Election Commission of India's (ECI) new Form 6 declaration for voter registration, stating that the issue has not yet been adjudicated.
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana said the court's earlier observations on the matter only indicated that the new declaration was not examined in its May 2026 judgment on the Special Intensive Revision (SIR) of electoral rolls in Bihar, as the revised form did not exist at the time.
The bench made the remarks while hearing a writ petition filed by Priya Mishra concerning the functioning of the ECI. The court agreed to issue notice on the petition and listed it for October 27 along with connected petitions filed against Chief Election Commissioner Gyanesh Kumar, Live Law reported.
Court says Form 6 issue remains open
During the hearing, advocate Narendra Mishra, appearing for the petitioner, referred to the court's remarks last week, saying the ECI had claimed that the Supreme Court had upheld the new Form 6 declaration.
"On 5 October, it was already declared by this court, Form 6 is not approved by Court. But ECI said it was approved by Supreme Court. With regard to this, I am seeking..." Mishra said.
Justice Bagchi clarified that the court had not ruled on the validity of the revised form.
"There is no adjudication on the new Form 6. That is all we have said. Whether approved or not approved.."
The CJI cautioned the lawyers against interpreting the court's remarks beyond what had been stated. Justice Bagchi further explained, "What the Hon'ble Chief Justice said was that when the Bihar SIR judgment was delivered, new Form 6 was not there. That does not either say it is approved or disapproved by the Supreme Court. We will examine it."
Revised declaration triggered controversy
The new Form 6 declaration became controversial after reports emerged that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had objected to the changes, arguing that the form could not be modified without an amendment to the Registration of Electors Rules, 1960.
The controversy intensified after the ECI issued a press release on September 26, suggesting that the Supreme Court had upheld the revised declaration in its May 2026 Bihar SIR judgment.
Under the revised declaration, applicants seeking voter registration must state whether they or their parents were mapped in the previous SIR. The earlier Form 6 used in other states did not require such a declaration.
Petition challenges ECI decision-making process
The petition, filed by Priya Mishra and former Madhya Pradesh law minister PC Sharma under Article 32 of the Constitution, alleges that around 14 ECI decisions were taken over approximately 10 months without the concurrence of the other two Election Commissioners.
The petitioners contend that the three-member constitutional body must follow collective decision-making procedures. They have sought the quashing of decisions, orders, notifications and executive instructions allegedly issued without following the prescribed process.
They have also asked the court to direct the ECI to reconsider the decisions in accordance with Article 324 of the Constitution and the applicable legal framework.
The plea seeks the production of records, including meeting minutes, agendas, voting records, dissenting notes and correspondence relating to the disputed decisions. It also challenges the changes made to Form 6, arguing that the statutory voter registration form could not be modified without following the prescribed rules.
The Supreme Court has yet to adjudicate on these allegations or the validity of the revised Form 6 declaration.