Plea in SC Seeks Prosecution of CEC Gyanesh Kumar Over Alleged ECI Decisions, Form 6 Changes

New Delhi: A plea has been filed in the Supreme Court seeking the prosecution of Chief Election Commissioner (CEC) Gyanesh Kumar over alleged unilateral decisions taken within the Election Commission of India (ECI), including changes to Form 6, the centralisation of electoral roll data and other decisions reportedly taken despite objections from the other two Election Commissioners.

The plea alleges that these decisions contributed to the exclusion of eligible voters and seeks action against Gyanesh Kumar under Section 32 of the Representation of the People Act.

What the Plea Alleges

The petition comes amid a wider controversy over the ECI's handling of the Special Intensive Revision (SIR) of electoral rolls and reported disagreements between the three-member poll panel.

According to reports Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded at least 14 formal objections over a period of 10 months. The objections reportedly concerned decisions related to new voter registration, deletion and restoration of names from electoral rolls, voter-related appeals and access to the electoral roll database.

The report also raised questions about changes to Form 6, which is used for the registration of new voters, and the centralisation of electoral roll-related software and controls in Delhi.

Form 6 Controversy and Alleged Unauthorised Changes

Form 6 is the application used by individuals seeking registration as new voters. According to the reported objections, a declaration related to previous electoral rolls was introduced alongside the form during the SIR process.

The declaration required applicants to indicate whether their names, or those of their parents or grandparents, appeared in an earlier electoral roll, or whether none of those names appeared in the relevant roll. The reported objections questioned the legality of introducing the additional requirement and its implications for young, first-time voters.

The Election Commission, however, has rejected the allegations of internal disagreement over the validity of its decisions. The poll body said that Form 6 itself had not been amended and that the additional declaration was introduced separately as part of the SIR process. It also maintained that decisions concerning the revision exercise were approved unanimously by all three Election Commissioners.

Allegations Over Centralisation of Electoral Roll Data

The petition also raises concerns over the alleged centralisation of electoral roll data and related controls within the ECI's digital systems.

The reported objections by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi included concerns over access to the electoral roll database and changes to the distribution of responsibilities involving the Commission's IT infrastructure. As per reports the Commissioners had raised questions about the impact of centralised controls on oversight and the functioning of electoral registration processes.

The ECI has disputed the reported concerns regarding its digital platform, describing ECINET as a decentralised system designed to operate in accordance with the relevant electoral laws and Commission instructions.

Plea Seeks Action Under Representation of the People Act

The petitioner has sought prosecution of CEC Gyanesh Kumar under Section 32 of the Representation of the People Act. The plea also reportedly seeks action against Deputy Election Commissioner Maneesh Garg and ECI IT head Seema Khanna over alleged violations of their statutory duties.

In addition, the petition seeks a declaration that decisions allegedly taken without the concurrence of the other two Election Commissioners are illegal and calls for the restoration of the original Form 6.

It also seeks a Special Investigation Team (SIT) inquiry into the alleged deletion of around 13 crore voters from electoral rolls. These are allegations and reliefs sought by the petitioner, not findings established by the Supreme Court.

The petition comes as the ECI faces scrutiny over the implementation of the SIR exercise and the handling of voter registrations, deletions and appeals. The Supreme Court has separately questioned aspects of the SIR process in Delhi, including notices issued to voters over what the Commission described as "logical discrepancies."

The Supreme Court's response to the plea, including whether it will issue notice or order an investigation, would determine the next stage of the legal proceedings.

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