The Supreme Court said Monday it neither approved nor disapproved the modified Form 6 used by the Election Commission of India. Chief Justice Surya Kant expressed displeasure over selective interpretations of his remarks. "Don't pick words like this," he told the counsel. The court will examine the issue on October 27.

The Supreme Court said Monday that it had neither approved nor disapproved the modified Form 6 used by the Election Commission of India (ECI) to include voters' names in electoral rolls during the Special Intensive Revision (SIR) in Bihar.

A three-judge bench, presided over by Chief Justice of India Surya Kant, said this while issuing notice on a fresh petition questioning the functioning of Chief Election Commissioner (CEC) Gyanesh Kumar, following The Indian Express investigation on September 23 that revealed that two Election Commissioners had flagged the "illegal" and "unauthorised" changes to Form 6.

Appearing for the petitioners, Advocate Narendra Mishra referred to remarks made by the CJI during a hearing on October 5 that the top court had not approved the new Form 6 while upholding the constitutional validity of the SIR of electoral rolls in Bihar.

"On October 5, it was already declared by this court that Form 6 is not approved by the court. But the ECI said the Supreme Court approved it. With regard to this, I am seeking," Mishra told the bench, also comprising Justice Joymalya Bagchi and V Mohana.

Justice Bagchi said the court had not adjudicated on the new Form 6. "That is all we have said. Whether approved or not approved..".

The CJI expressed displeasure that his words were being selectively interpreted. "Don't pick words like this," he told the counsel.

"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 mean the Supreme Court approved or disapproved it. We will examine it," Justice Bagchi added.

The court tagged it with petitions already pending before it seeking similar reliefs, which are scheduled for the next hearing on October 27.

What CJI said

On October 5, the CJI, while responding to a petition, which argued that a "modified" Form 6 was used for SIR of electoral rolls, had remarked orally that the court had not approved any "modified" version of Form 6, which is used to enrol new voters, and will examine ECI records to know whether any change had been made and, if so, by whom.

The CJI's remarks were quickly picked up by Opposition leaders, given that the ECI, in a statement on September 26, said that "the declaration attached to Form 6 for SIR has been upheld by the Hon'ble Supreme Court".

The Commission also said that "for the non-SIR period, the Forms applicable as per Rules (the Registration of Electors Rules 1960) will be used".

Form 6 is used by first-time voter applicants, including those who have turned 18 or acquired Indian citizenship, as well as previously deleted voters seeking fresh enrolment. Under the Registration of Electors Rules, 1960, the form requires applicants to provide the names and EPIC numbers of family members they currently live with.

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However, The Indian Express reported in July that the online version of Form 6 on ECINET, the Commission's online voter registration portal, contained an additional declaration inserted between the existing sections.