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The Supreme Court has sought responses from the Union government and the Election Commission of India (ECI) to a petition alleging that Chief Election Commissioner Gyanesh Kumar acted unilaterally. The three-judge bench declined immediate interim relief and has not ruled that the allegations are true or annulled any decision. Form 6 is part of the surrounding dispute, but the reported hearing focused on the broader allegation of unilateral decision-making.
What did the Supreme Court do?
According to The Indian Express report published October 6, 2026, the Court issued notice to the Centre and the ECI on a petition by Patna resident Rakesh Kumar Singh. The petitioner seeks the CEC’s removal and challenges an ongoing exercise. The bench was led by Chief Justice of India Surya Kant, with Justices Joymalya Bagchi and V. Mohana.
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A notice asks the respondents to answer the petition; it is not a judgment accepting the petitioner’s claims. The report says the bench intends to examine original records. It also quotes the CJI as saying, “We can always annul any decision,” in reference to decisions that do not meet the applicable decision-making standard. That is not an order annulling a decision in this case.
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What does the petition allege?
The petition reportedly asks the Court to obtain original records and declare the challenged ongoing exercise invalid. It alleges unilateral conduct by the CEC. The Indian Express report says the petitioner relied on a September 23 investigation by the newspaper, which reported that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had objected 14 times in 10 months to steps taken under the CEC. Reported examples included commissioners being kept uninformed and voter additions or deletions. That count and those examples are attributed to the investigation as relayed in the report; they are not findings by the Court.
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Did the Court order interim measures?
No. The petitioner’s counsel asked the bench to suspend the CEC or require unanimous decision-making until the next hearing. The bench declined those interim requests. The report says the CJI would review the records and indicated that decisions made neither unanimously nor by majority could face judicial consequences. The Court has not yet made a final determination about the challenged decisions.
What is Form 6, and why is it mentioned?
Form 6 is the form used to apply for inclusion in the electoral roll, prescribed under the Registration of Electors Rules, 1960. The Indian Express explainer published October 6, 2026, says the online form had acquired a declaration asking whether the applicant, a parent or a grandparent appeared on a previous Special Intensive Revision (SIR) roll. A “yes” response also called for details locating that person on the roll. The reported controversy concerns, among other things, whether the form could be changed without amending the rules.
The explainer says the ECI announced on September 26 that Form 6 would revert to the version prescribed by the 1960 Rules. The ECI’s current live form and any corresponding Gazette amendment are not established by the sources cited here, so the reported reversion should not be taken as confirmation of the form currently in operation.
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In a separate Bihar SIR case, the Supreme Court’s official summary of 2026 INSC 564, dated May 27, 2026, describes Form 6 as prescribed by the 1960 Rules. The summary says the ECI had some authority to design a documentation framework for SIR, but that authority was bounded by the statutory scheme and any departure needed a rational connection to the exercise’s objective.
That ruling offers legal context; it was a different proceeding. It does not decide whether the Form 6 change discussed in the current reporting was lawful, and it is not a ruling on Singh’s petition.
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What remains undecided or unconfirmed?
- The allegations against the CEC have not been established by a final judgment.
- The reported hearing did not remove or suspend the CEC, compel unanimity, or invalidate a specific Form 6 change.
- The sources cited here do not establish a matching official docket entry, written notice or order, or next hearing date for this petition. Check the Supreme Court’s case-status portal for official procedural updates.
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