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Didn’t adjudicate on new Form 6 during Bihar SIR hearings, says SC

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The Supreme Court on Monday said it did not adjudicate upon the new Form 6 while hearing cases related to the Special Intensive Revision (SIR) of electoral rolls in Bihar.A Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana said the revised Form 6 did not exist when the Bihar SIR case was dealt with.During a hearing on a petition relating to SIR, the Bench clarified that its October 5 observations cannot be construed as either approval or disapproval. The court’s comments came after advocate Narendra Mishra submitted on behalf of a petitioner that the CJI had last week denied the Election Commission’s claim that the Supreme Court had upheld the new Form 6.“What the Chief Justice said was that when the Bihar SIR judgment was delivered, the new Form 6 was not there. That does not say either if it is approved or disapproved by the Supreme Court. We will examine it,” Justice Bagchi clarified.Issuing notice on the petition, the Bench posted it for hearing on October 27 when other connected petitions against CEC Gyanesh Kumar will be taken up.The Supreme Court had on October 5 said that it didn’t approve any modified version of Form 6 used for the inclusion of names in electoral rolls during the SIR exercise.“Any modified Form 6 has not been approved by us. Let’s be clear. When the record is produced, we would like to see who has modified it,” the Bench had said while hearing a petition seeking to restrain Gyanesh Kumar as the Chief Election Commissioner.The October 5 clarification had come after senior counsel Menaka Guruswamy, representing petitioner Shailendra Mani Tripathi, raised concerns over the changes made to Form 6. Tripathi has sought quashing of the 14 decisions allegedly taken by the CEC unilaterally.The Election Commission had earlier claimed that the new declaration annexed to the online Form 6 for the ongoing SIR process in some states had been approved by the Supreme Court.The modified Form 6 required persons seeking to register as new voters to state if they or their parents were mapped in the previous SIR. Such a statement was not sought in the earlier Form 6 used in the SIR of other states.The declaration also says that false statements can attract punishment under Section 31 of the Representation of the People Act, including imprisonment of up to one year, a fine or both.The changes to the new Form 6 declaration had allegedly been objected to by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi on the ground that the same cannot be carried out without the Centre amending the Registration of Electors Rules, 1960.

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