BJP, Opposition clash over SC notice to ECI on Form 6

The BJP and the Opposition hurled accusations against each other on Monday after the Supreme Court said it did not approve any modifications to Form 6 being used during the SIR. The ruling party said the top court’s notices to the Election Commission of India (ECI) and the Union Government on pleas related to the poll body  are “proof” that all institutions in the country are “functioning independently.” The Opposition charged that Chief Election Commissioner (CEC) Gyanesh Kumar “betrayed” the Constitution and should be held accountable.

Defending the ECI, the BJP said the notices to the ECI and the Union Government reaffirm that there is no atmosphere of “fear and dictatorship”.

“The country is moving in a very democratic way. Everyone is speaking their heart out. All procedures and systems are being followed. Where else could there be a better model of democracy? I feel India is celebrating democracy,” BJP spokesperson Sambit Patra said when asked about the development.

The top court issued notice to the ECI and the Union Government, seeking responses within a week to a plea challenging the manner in which the poll panel led by CEC Gyanesh Kumar took decisions allegedly without the approval of two Election Commissioners.

“Approaching the Supreme Court with a PIL, the court holding a hearing and issuing notices to ensure the other party is also heard - this is a standard procedure. It is both a democratic and a judicial process.  Naturally, this process is unfolding as it should,” Patra told reporters at the party headquarters.

This proves all institutions are functioning independently in the country, the BJP MP said, adding that they have the liberty to operate within the framework of the Indian Constitution.
Patra further said, “However, today I wish to pose a question to those who used to claim that India is operating under a ‘Hitler regime’, and that there is a dictatorship or autocracy in the country today.”

Contrary to their claims, the BJP MP said there is no atmosphere of fear in the country. “There is an atmosphere of democracy. So, those who claimed there was an atmosphere of fear in the country, I believe, will think twice before making such a statement now,”
Patra said the two Election Commissioners expressing differing views in their letters on the SIR was a “healthy sign of democracy”.

“In a democracy, raising issues via letters, questioning a process, engaging in debate and discussion to reach a consensus, and then moving forward - that is precisely what democracy is. You debate, discuss, and then arrive at a decision; that is the essence of democracy,” 
he added. The fact that “this entire matter” was taken to the Supreme Court and the apex court issued notices is also “democracy in action,” Patra said.

Congress leader Rahul Gandhi asserted that CEC Gyanesh Kumar and everyone else involved in “criminal assault on democracy” will be held accountable, after the Supreme Court said it did not approve any modifications to Form 6 being used during the SIR.
The Opposition party also alleged that the chief election commissioner (CEC) “betrayed” the Constitution in letter and spirit at the behest of Prime Minister Narendra Modi and Union Home Minister Amit Shah.
In a social media post, Rahul Gandhi said it is now established beyond doubt that Chief Election Commissioner Gyanesh Kumar changed Form 6 “illegally and unilaterally”. He asserted that the CEC as well as everyone else involved in this “criminal assault on democracy” will be held accountable. Rahul Gandhi also shared on social media a screenshot of a September 26 ECI statement which said, The Hon’ble Supreme Court has upheld the declaration attached to Form 6 for SIR. For non-SIR period, the Forms applicable as per Rules (the Registration of Electors Rules 1960) will be used.”

AAP leader Manish Sisodia questioned the changes made to Form 6 by the ECI, saying Gyanesh Kumar had not obtained the Supreme Court’s permission for the modifications, after the apex court on Monday clarified that it had not approved any such changes.  “The Supreme Court has clearly said Gyanesh Kumar did not get permission to change Form 6,” Sisodia said.

He said the court’s clarification is significant because the ECI stated in an earlier press release that the Supreme Court had ratified the changes.
Sisodia said the matter raised questions over the process through which these changes were made, and demanded action against CEC Gyanesh Kumar.