Election Commission tells Supreme Court all SIR decisions were unanimous

The Election Commission of India has filed a detailed counter affidavit in the Supreme Court in response to petitions challenging the functioning of the Chief Election Commissioner and questions raised regarding the Special Intensive Revision of electoral rolls. The commission has clarified that all decisions related to the Special Intensive Revision were taken with complete unanimity. According to the document, this counter affidavit was filed on October 26, 2026, by respondents number 2 to 5 in the case of Rakesh Kumar Singh alias Rakesh Singh versus Union of India.

Reference to Constitutional Rights and Legal Basis

In its submission before the Supreme Court, the Election Commission cited the power to revise electoral rolls under Article 324 of the Constitution and Section 21 of the Representation of the People Act, 1950. The commission stated that maintaining the purity of electoral rolls is essential for conducting free and fair elections. Emphasis has been laid on including eligible voters in the list and checking discrepancies such as duplicate entries, while along with the affidavit, the commission has also attached copies of its orders related to the Special Intensive Revision, voter registration rules, Form 6, declaration forms, and previous judicial orders.

Important Guidelines Regarding Notices and Eligibility

The commission's guidelines specify that voters whose details don't match the previous intensive revision list or whose details contain discrepancies should be given an opportunity to clarify their eligibility by issuing a notice after the publication of the draft electoral roll. Instructions also include not collecting documents from voters during the enumeration phase and providing Form 6 for the registration of new voters. The document further states that adequate resources should be provided to the concerned officials during the revision process, and officers involved in preparing the electoral roll shouldn't be transferred without prior permission of the commission. The commission also noted that the petition is entirely based on a news report.

Key Highlights and Main Points of the ECI Affidavit

Files move from one Election Commissioner to another, and finally to the Chief Election Commissioner.

The work allocation order dated July 28 was issued by an additional secretary who was on deputation. The very next day, both Election Commissioners wrote a letter to the Cabinet Secretary.

No amendments have been made to Form 6. Only the central government has the authority to amend it.

The commission acknowledged that looking at the online display, it might appear that an amendment was made.

Voters whose names aren't in the list, known as unmapped voters, don't need to come for a hearing. Booth Level Officers will visit their homes to collect the documents.

Under the ECINet system, no name can be added or removed without the order of the Electoral Registration Officer, while

Regarding West Bengal, appeals against the inclusion of voters were filed by the officials of the Chief Electoral Officer of West Bengal under the orders of the Supreme Court.

The petition seeking to restrain the Chief Election Commissioner from functioning isn't maintainable.

Due to the Dussehra holidays, a brief reply has been filed.