SC vows close scrutiny of ECI over SIR pleas

The Supreme Court on Tuesday indicated it would closely examine pleas challenging the functioning of the Election Commission of India (ECI), while granted petitioners 10 days to file a rejoinder to the counter-affidavit filed by the poll panel on Monday. The SC sought response of the ECI on a fresh plea by TMC’s Rajya Sabha MP Dola Sen alleging that changes were made to Form 6 during the SIR of electoral rolls in Bihar without the court’s approval.

CJI Surya Kant observed, “We are aware of everything. Don’t worry, we will examine,” after senior advocates appearing for the petitioners sought preservation of files, file-notings and internal communications to ascertain how decisions were taken.

While hearing a batch of petitions, a bench comprising CJI Kant and Justices Joymalya Bagchi and V Mohana took note of submissions of senior advocate and MP Maneka Guruswamy, appearing for Sen, that the ECI wrongly claimed that the changes in Form 6 were approved by the SC.

In her petition, Sen, who is from the Mamata Banerjee faction, raised concerns over alleged changes to the online version of Form 6 and the ECI’s subsequent press note suggesting that the SC had authorised or upheld the changes during the Bihar SIR proceedings. Citing the poll panel’s counter affidavit in the SC, Guruswamy said the ECI, in its reply, accepts many of the charges that the petitioners are making.

While issuing the notice on Sen’s plea, the CJI said that all the issues would be examined and asked senior advocate Vikas Singh, who represented the first petitioner, Rakesh Kumar Singh, to file a rejoinder in 10 days to the poll authority’s reply affidavit filed late Monday evening.

Senior advocate Abhishek Manu Singhvi, appearing in the petition filed by Leader of Opposition Rahul Gandhi and INDIA Bloc leaders, urged the bench to pass an order to preserve the file and file-notings and internal communications. He stressed that it was crucial to decide if the decisions were unanimous or unilateral and that the record should be preserved.

Senior advocate Vikas Singh, representing the petitioner Rakesh Singh, urged the bench to give one week’s time to file a rejoinder and insisted, “I think there is a lot to be said in the rejoinder.”

The ECI, in its 248-page response to the petition against Chief Election Commissioner (CEC) Gyanesh Kumar and the decisions taken by it, strongly defended the SIR. “The attempt to make aspersions against the Election Commission is unfortunate,” said the affidavit, filed by Deputy Election Commissioner Bhanu Prakash Yeturu on behalf of the ECI.

The ECI said the affidavit itself had been approved for filing by a unanimous decision of all three members of the poll body. It said the SIR orders of June 24, 2025, October 27, 2025 and May 14, 2026 were issued on unanimous decisions taken in compliance with Article 324 of the Constitution and Section 18 of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.