In the September 23 media disclosures, the dissent reportedly raised (in earlier months) by the two other Election Commissioners over the inclusion of the declaration in a statutory form prescribed under the Registration of Electors Rules, 1960, figured prominently.

According to a subsequent November 4, 2026 investigation by The Indian Express, Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had separately questioned the change. The online form had required applicants to answer an additional SIR-related declaration before proceeding. The declaration was placed between Sections J and K of Form 6 as an annexure.

Applicants were required to choose between three statements. They had to state whether their name appeared in the electoral roll during the last SIR held in the early 2000s, whether the name of a parent or grandparent appeared in that roll, or whether neither their name nor the name of a parent appeared. An applicant could not proceed without answering the question.

What is crucial for all Indians to understand is that, all three options —in fact the procedure itself was self-concocted by the Gyanesh Kumar-headed ECI; the original decision to include the declaration, and the now, subsequent one to ‘remove’ it are both unauthorised procedures amounting to sacrilege upon sacrilege. Form 6 is only for registration of new, first-time voters. For re-instatement of voters deleted due to intended or otherwise deletions (mass or single) by the ECI, the ECI may only exercise its powers under Rule 18 of the Electors Rules 1960 that allows for restoration of deleted names by public hearing without any application or any form being filled.

If according to the recorded objections recorded by the other two Election Commissioners, a major one was that given the fact that Form 6 is not simply an ordinary, administrative document but a statutory form prescribed under the Registration of Electors Rules, 1960, any changes to it could only happen through a legal amendment, which means going to Parliament. (It was on noting’s of May 16 and August 13 that EC, Vivek Joshi had first recorded this objection and thereafter his colleague EC Sandhu had described it as “unauthorised and illegal”, stating it should be removed. Despite these internal objections, Indian Express had reported that the additional (false) declaration continued to appear on the online version of the form during the SIR process. Only after the second media disclosure has this been separated.

The Commission changed its position more than once

The latest move is significant because it is not the first position taken by the ECI on the issue. When the controversy first came into public focus (September 2026) , the Commission defended its actions and maintained that its decisions had been taken in accordance with law. In a subsequent position—declared in the press release signed by all three Commissioners on September 26, 2026 — the Commission said that the SIR declaration would remain attached to the online Form 6 during the SIR period, while the ordinary statutory form would be used outside that period.

The position has now changed again. The ECI has separated the SIR declaration from Form 6 altogether. The Commission’s affidavit before the Supreme Court states that its Electoral Roll Division decided on October 21 that the online application should be in two parts: the statutory Form 6 and the separate SIR declaration.

According to the affidavit referred to by The Indian Express, the original reason for putting the declaration together with Form 6 was “administrative convenience.” The Commission said that combining the two would allow the applicant to generate a single OTP and a single e-signature instead of having to complete two separate digital processes.

However, the affidavit also acknowledges an important concern. It states that issues arose because the manner in which the declaration was displayed on the online system could be understood as though Form 6 itself had been amended. The affidavit further accepts that Form 6 can only be amended by the Central Government. This is the central issue in the controversy.

The question was not merely whether an additional question could be displayed on an online portal. The question was whether a statutory form prescribed under law could effectively be changed in its implementation through an additional mandatory declaration unilaterally, without a legally ensured amendment. The ECI has now removed the declaration from within Form 6. But the wider dispute over the use of the form remains.

A statutory form and the question of procedure

Form 6 has a specific legal purpose. The electoral registration system contains different forms and procedures for different situations. A person seeking inclusion as a new elector is not necessarily in the same position as a person whose name was already included in an electoral roll and was subsequently removed. This distinction has become increasingly important during the SIR process.

Large numbers of voters have raised concerns after names were excluded from draft electoral rolls. In some cases, the question has arisen whether these voters should be required to seek inclusion again by filing Form 6. The issue is not simply one of filling out an online application.

A statutory form requires a person to make particular declarations. Those declarations are based on the legal and factual position of the applicant. If a person is genuinely seeking registration for the first time, the form may be appropriate.

But if a person was already an elector, had previously appeared on the electoral roll and was subsequently deleted, the circumstances are different. The reason for deletion becomes relevant. The procedure through which restoration is sought also becomes relevant.

The controversy over Form 6 has therefore raised a wider question: when a voter is deleted from an electoral roll, should the person automatically be required to start again as a new applicant, or should there be a clear and lawful procedure to examine the deletion and restore the name where the exclusion was wrongful? No. The Electoral Rolls 1960 provide a route, the question is why is this method not being followed? For re-instatement of voters deleted due to intended or otherwise deletions (mass or single) by the ECI, the ECI may only exercise its powers under Rule 18 of the Electors Rules 1960 that allows for restoration of deleted names by public hearing without any application or any form being filled

Bombay High Court and the problem of false declarations

A recent decision of the Bombay High Court has added another legal dimension to the debate over the use of Form 6. As reported by LiveLaw, the Court considered the position of voters who had shifted their residence.

The question was whether such voters could be required to use Form 6 or an SIR-related enumeration process requiring declarations that did not accurately reflect their actual position.

The Court distinguished between a genuinely new voter and a person who was already registered but had shifted residence. According to the LiveLaw report, the Court observed:

“Having considered the specific declarations that are to be made by a new voter in contrast to those that are required to be made by a voter who is applying for shifting of residence, it would be quite obvious that if a voter shifting residence as in the case of the present Petitioners, had filed an application in Form 6, they would not only be making a false declaration in their application for inclusion in an Electoral Roll for the first time, but would also be falsely declaring that their name was not included in any Assembly Constituency or Parliamentary Constituency in the past.”

The observation is important because it focuses on the truthfulness of the declaration itself. A voter cannot be expected to make a factually incorrect declaration merely because a particular administrative form is prescribed. As reported by LiveLaw, the Court also noted that false declarations may have consequences under Section 31 of the Representation of the People Act, 1950.

Though the Bombay High Court matter concerned voters who had shifted residence, the principle has wider relevance to the Form 6 controversy. A first-time applicant, a voter who has shifted residence, and a voter whose name was wrongly deleted are in different factual situations. The procedure must recognise these distinctions, particularly when declarations in a statutory form carry legal consequences.

Deleted voters and the Delhi SIR dispute

The issue is now before the Supreme Court in relation to Delhi’s SIR process. The ECI’s November 3 clarification allowed persons missing from the draft roll, including previously registered voters, to seek inclusion through Form 6. Petitioners argue that voters who were already enrolled should be restored rather than treated as fresh applicants.

The ECI has said that, in specified circumstances, such applicants would not face action for a false declaration. But this itself raises a question: if special protection is needed for previously registered voters using Form 6, should the same form be used for fundamentally different categories of voters at all? The issue remains connected with the Supreme Court proceedings.

What the October 3 Online Assembly resolution says

The wider concerns over SIR and electoral-roll exclusions were also addressed in a resolution adopted at the Public Online National Assembly held on October 3, 2026. This assembly called by Vote for Democracy (VFD) included over 100 experts, professionals and activists from across India.

The resolution calls for the removal or resignation of the Chief Election Commissioner, the complete scrapping of SIR and a return to the 2024 electoral rolls, with lawful revisions for additions and deletions. It also seeks the disbanding of the existing ECI, repeal of the 2023 law governing the appointment of Election Commissioners, and a new broad-based and accountable appointment process.

The resolution further demands greater transparency in electoral data and software, including public access to electoral information in machine-readable form and disclosure of source code used in systems such as ECINet and ERONet.

It also raises concerns about Forms 6 and 7, software-driven exclusions, pending appeals and the denial of effective opportunities for verification and hearing.

Public notice, verification and the right to object

One of the important parts of the October 3 resolution concerns the process of deletion from electoral rolls. The resolution calls for a public social audit of electoral rolls and for greater participation by citizens and local communities in examining exclusions. It states that every proposed deletion should be publicly disclosed. This is in line with established ECI procedures: For re-instatement of voters deleted due to intended or otherwise deletions (mass or single) by the ECI, the ECI may only exercise its powers under Rule 18 of the Electors Rules 1960 that allows for restoration of deleted names by public hearing without any application or any form being filled

A voter should have a meaningful opportunity to challenge the deletion and seek restoration where the exclusion is wrongful. The resolution also says there should be transparency about who sought the deletion, the grounds on which it was sought and what verification was carried out. Most importantly, it states:

No electoral-roll change should be affected without public notice, verification and an effective opportunity to object.

This principle is central to the present controversy.

If a voter has been wrongly deleted, the process should not simply end with an instruction that the person must submit a new form. The circumstances of the deletion must matter. The voter should have an effective opportunity to challenge the exclusion. The electoral authorities should have a procedure to examine the case and restore the name where the deletion was wrongful. The resolution also calls for documentation of wrongful deletions, pending claims and objections, Forms 6 and 7 and procedural violations across SIR-affected states.

The larger question remains

The ECI has removed the SIR declaration from within Form 6, addressing the immediate concern that the online presentation could create the impression that a statutory form had been amended. But the central question remains: should previously enrolled voters whose names have been deleted be required to seek inclusion again through Form 6?

The Bombay High Court has highlighted the difficulty of requiring voters to make declarations that do not correctly reflect their factual position. The issue is now also before the Supreme Court in relation to Delhi.

Removing the additional declaration from Form 6 may address one part of the controversy. It does not, however, settle the question of whether Form 6 is the appropriate procedure for restoring voters who were already enrolled and were subsequently deleted nor the inherently unlawful exercise being conducted presently –which is the Special Intensive Revision (SIR).

Related:

“It Is Not Just Numbers”: Prakash Raj on the Exclusion of 13.6 Crore Indians | SIR | Teesta Setalvad

Does the ECI’s Nov 6 communication signal a step-back on re-enrolment in the ASSD list?

The post SIR: ECI “removes Form 6 declaration” but serious questions on legality of procedure remain appeared first on SabrangIndia.

The seizure of 19,250 live cartridges from Koilawar police thane near the Kulhadiya Toll Plaza has drawn strong political reactions with Tejasvi Yadav, leader of the opposition raising serious questions over the accused’s alleged involvement with the Rashtriya Swayamsevak Sangh (RSS). The Lokmat News reported this seizure even as the incident erupted into a political controversy with questions on motives behind the possession and transportation of thousands and thousands of such live cartridges and dangerous explosives over the Diwali weekend arose.

बिहार में 𝐑𝐒𝐒 से जुड़े चंदन तिवारी, अभिषेक तिवारी, लालटू कुमार और सरस कुमार से 𝟒𝟒,𝟎𝟎𝟎 जिंदा कारतूस पकड़े गए है। ये लोग गोला-बारूद के अंतरराज्यीय तस्करी के एक खतरनाक नेटवर्क से जुड़े है। क्या 𝐑𝐒𝐒 के ये आतंकवादी देशभर में धमाके करने की साज़िश रच रहे थे?

𝐑𝐒𝐒 से जुड़े तस्करी नेटवर्क के तीन लोगों से ही 𝟒𝟒,𝟎𝟎𝟎 ज़िंदा कारतूस पकड़े जाने के बाद भी क्या 𝐑𝐒𝐒 को आतंकवादी संगठन घोषित नहीं कर देना चाहिए?

— Tejashwi Yadav (@yadavtejashwi) November 5, 2026

So far, nothing in the publicly disclosed official accounts reveal any such clear organisational link.

In fact, it is on November 2, when a joint task force of the Bihar STF and the Bhojpur District police apprehended and stopped an SUV at the Toll Plaza, and on searching it unearthed these 19,250 live cartridges and one “desi” pistol. Three persons have been arrested in this connection, and they reportedly hail from Muzaffarpur: Laltu Kumar (38), Saras Kumar (27) and Chandan Tiwari (26) from Siwan and are part of an international arms ammunition network. Sections of the BNSS and Arms act have been added in the charges against them. The connection or alleged connection with the RSS surfaced later, according to Lokmat News, their older photographs in the RSS’ uniform started circulating. It is through this seizure and investigation that 25,000 live cartridge seizure by the Haryana STF near Jhajjar was unearthed.

Meanwhile, a team of Haryana police special task force (STF) seized a consignment of 25000 live cartridges that was being smuggled to Uttar Pradesh and Bihar and arrested five suspects from two cars near Rohad toll plaza on Bahadurgarh-Rohtak highway in Jhajjar on Tuesday. The arrested suspects were Afifuddin alias Munna Khan, 49, Asim Rais, 33, Sablu Khan, 32, Arbaz Ali, 27 and Zeenat, 33. All five are residents of different localities in Uttar Pradesh’s Budaun. Eight mobile phones and two cars were also seized from them, STF officials said.

In the third weekend incident involving seizure of explosives, Uttar Pradesh Police have arrested two men and seized nearly 199 kg of gelatin explosives, 100 fuses, seven bundles of red wire and 2.945 kg of powder from a fleeing Bolero vehicle in Chitrakoot district, according reports in Dainik Bhaskar and Amar Ujala published on November 5. News reports published over the weekend and today, Monday November 9 have reported that a leader of the Bharatiya Janata Party (BJP) and his close associate have been arrested in Uttar Pradesh’s Chitrakoot district after local police allegedly recovered nearly 200 kg of explosive material from their vehicle near the Madhya Pradesh border. The arrest has resulted in a storm within political circles; however, predictably, the BJP itself has so far maintained a stony silence over the incident. Hari Gopal Mishra is the BJP leader who was arrested while his associate is Pappu Tiwari. Both men are residents of Bhouri village under the Raipura police station area of Chitrakoot.

The reported political background of Hari Gopal Mishra has drawn attention following the seizure. According to Amar Ujala, he had contested a Zila Panchayat election with BJP backing.

In the highway seizure in Jajjhar, Haryana authorities have revealed to the media that Munna owns an ancestral Badaun Gun House in the Civil Lines area of Badaun and had procured the consignment from Vijay Goel, who runs Mehak Gun House in Sirsa, Haryana, which he has been running since 1999.  The Haryana STF said Vijay has also been arrested and was quizzed to ascertain his role in the interstate smuggling network, which is suspected to be running for the last three years.

Waseem Akram, superintendent of police, Haryana STF, said that 24400 cartridges of 7.65mm (.32 bore) used in regular small handguns and .315 bore used in rifles were seized from a Tata Harrier, while another batch of 600 cartridges (.315 bore) were seized from a Hyundai Aura.

“The 7.65mm cartridges are used in illegal country-made pistols manufactured in Bihar’s Munger, West Bengal and Eastern UP, while the rifle bore cartridges are used in breach-load illegal pistols manufactured in these areas for which the smuggling was taking place,” Akram said.

Akram said Munna was the kingpin of the smuggling racket running due to continuous cartridge stock pilferage from the gun houses in Haryana, UP and other places. Shamsher Dahiya, deputy superintendent of police, STF, said the entire consignment was manufactured in an ammunition factory in Pune’s Khadki, as the marking ‘KF’ was engraved on all the cartridges. “The two cars were intercepted near a roadside eatery, Triveni Dhaba, which is located right opposite the toll plaza after we had received a tip-off from Bihar police STF,” he added. Some controversy has erupted over a photograph showing the accused posing in uniforms of the Rashtriya Swayamsevak Sangh (RSS).

Photographs showing Bihar-based accused Chandan Tiwari and his brother Abhishek Tiwari wearing the uniform of the Rashtriya Swayamsevak Sangh (RSS) were reported in a section of the digital media. Another image reportedly showing them posing with a local MLA from Muzaffarpur has also surfaced. The photographs have prompted questions about the alleged political and organisational associations of the accused. However, the images alone do not establish that the RSS, as an organisation, was involved in the arms smuggling network.

Questions over Ammunition manufactured in government factories

Another aspect of the investigation concerns reports that some of the seized cartridges were manufactured in government-owned ordnance factories. If confirmed, the reported origin of the ammunition raises questions about how it entered the alleged illegal supply chain and whether it was diverted through licensed dealers or other intermediaries.

The National Investigation Agency (NIA) has reportedly joined the investigation. It is expected to examine the origin of the ammunition, the supply chain and the possible involvement of other individuals. According to media reports, the investigation has also brought renewed attention to the name of Jalan Shop, which reportedly surfaced in an earlier arms smuggling case in Bihar. Reports in that case alleged that an individual associated with the shop supplied nearly 100 pistols to different parts of Bihar using forged arms licences. The accused was reportedly wanted by the NIA and remains absconding.

Investigators have yet to establish whether the current ammunition network has any connection with that case or other previously investigated arms trafficking operations. The agencies are now attempting to trace the intended recipients of the seized cartridges and identify the ultimate buyers. They are also examining whether the ammunition was meant for organised criminal groups or other illegal networks.

Explosives seized in Chitrakoot

There are differing accounts regarding the intended use of the seized materials from the third incident.

According to reports, the accused told investigators that the explosives were being transported from Majhgawan in Madhya Pradesh for digging a well in a rocky area. Police reportedly said the materials were of the type used for breaking rocks in stone quarries.

However, another Amar Ujala report stated that the accused had told police that the materials were intended for making firecrackers. Investigators are examining the source, destination and intended use of the explosives. Police have registered a case against the two accused under Sections 4 and 5 of the Explosive Substances Act, 1908. The Bolero used to transport the materials has also been seized.  Following the recovery, police took both men into custody and informed Chitrakoot Superintendent of Police Arun Kumar Singh, who subsequently reached the spot. The accused, along with the seized explosives, were taken to the police station for questioning. Both men were produced before a court and sent to judicial custody.

Investigators are examining the supply chain, the source of the explosives in Madhya Pradesh, their intended recipients and whether other individuals were involved in the transportation or distribution of the materials.

It was while the police from the Markundi police station were conducting a routine checking operation in their jurisdiction on the night of November 3 when they spotted a Bolero approaching. However, suspiciously, when the police signalled the Bolero vehicle to stop, its occupants allegedly attempted to flee. Thereafter, the police intercepted the vehicle after cordoning off the area.

When police personnel asked the two occupants to step out and allow the vehicle to be searched, Mishra reportedly identified himself as a BJP leader and attempted to use his political influence to avoid the search. However, the police proceeded with the inspection and recovered a large quantity of explosive material from the vehicle.

The seized material included 199 kg of gelatin sticks, 100 red-coloured fuses, seven bundles of red wire and 2.945 kg of explosive powder. It was on November 4, Superintendent of Police Arun Kumar Singh held a press conference and presented the two arrested men before journalists, as reported by Dainik Bhaskar and Amar Ujala.

The SP confirmed that Hari Gopal Mishra was associated with the BJP and had contested the Zila Panchayat member election on the party’s ticket. He had also served as a Zila Panchayat member. The second accused, Pappu Tiwari, was identified as his associate.

According to the SP, the two men were apprehended near the Uttar Pradesh–Madhya Pradesh border with approximately two quintals of explosive material. The police are investigating where the explosives were procured, where they were being transported and what they were intended to be used for. Investigators are also examining whether other individuals or organised groups were involved in the case.

The police are further probing the possible purchase and sale of the explosives; the network of people associated with their supply and whether the accused possessed the mandatory licences and documents for storing and transporting such material.

The SP said that the complete details would emerge only after the investigation was concluded. He also observed that the recovery of such a large quantity of explosives raised serious concerns, as the material could potentially have been used to carry out a major incident.

BJP silent, yet to respond

The arrest of a person identified by the police as a former BJP-backed Zila Panchayat member, along with the recovery of such a huge quantity of explosives, has caused considerable embarrassment for the party. The BJP has not issued any public statement on the matter so far.

The incident has also triggered political questions about the source, illegal procurement and intended use of the explosives. However, the allegations concerning any wider political or organisational involvement remain unsubstantiated and will have to be established through the police investigation.

Related:

Seven Explosives Recovered from Temple, Possible Links with RSS Management

The post UP & Bihar: Tranches of arms & explosives recovered over the Diwali weekend appeared first on SabrangIndia.

Teesta Setalvad speaks with Ebin Basil and Mohammad Athnan about the struggle to regain their university and an elected students’ union after two decades.

The conversation also confronts the stigma and demonisation Jamia and its students have faced, part of a right wing agenda to obliterate the institution’s emergence from India’s struggle for freedom.

The post 20 Years Without a Union, 18 Days of Hunger Strike: Jamia Students Script a Win | Teesta Setalvad appeared first on SabrangIndia.

Today, November 6, the ECI has issued communication addressed to CEOs of Delhi, Maharashtra, Haryana, Andhra Pradesh, Jharkhand, Telangana and Nagaland on facilitating inclusion of left out voters. 

The communication states:

– Voters who are on ASDD list as they had shifted residence, can fill enumeration form along with a statement with details of their new address. In case of homeless persons, field verification by BLO will suffice. 

– Voters who could not submit their enumeration form within the deadline and are on ASDD list can submit their enumeration form now along with a statement on why they were unable to do so earlier. 

– All those on ASDD list who will now fill enumeration form along with the applicable statement will be re-assigned their old EPIC number. All such cases will be parked for inclusion in final voter list following due verification. 

– Wide publicity must be given to all these initiatives, including through media, social media, and announcements, reaching out through WhatsApp etc. and facilitation and assistance to be provided to voters. 

Link to ECI communication of Nov. 6, 2026- https://ceodelhi.gov.in/PDFFolders/2026/Left_Out_Electors_6_11_2026.pdf 

Anjali Bhardwaj and Amrita Johri, petitioners in the Writ Petition (Civil) 1188/2026 & IA No. 317050/2026 in Anjali Bhardwaj & ANR. Vs Election Commission of India & ANR have in a public communication today stated that they welcome this development:

“We welcome this communication issued by the ECI. We believe this is an important step in addressing large scale exclusions caused during SIR. The provision to re-assign the old EPIC numbers is important as it will ensure preservation of voter’s historical record of being an existing voter. Just in Delhi, out of 47.56 lakh deleted in the first phase and put on ASDD, 31.59 lakh were marked as permanently shifted and 11.73 as absent/untraceable. The SC had observed that asking such people to fill Form 6 with its declaration of being a first time voter was an error. 

We urge the CEO of Delhi and all other states to take immediate steps to operationalise these critical directions. “

Meanwhile, yesterday, November 5, they had in a formal letter the ECI requested for an immediate investigation and legal action based on media report of forgery, identity fraud, and misuse of Form 7 in Mustafabad Constituency of Delhi

In a letter addressed to the ECI, Anjali Bharadwaj and Amrita Johri had relied on a news report published in The Hindu yesterday.

The letter states that,  

“We are writing to draw your urgent attention to a news report published by The Hindu on November 5, 2026, titled “Delhi SIR: several BJP BLAs named as ‘objectors’ deny filing Form 7s in Mustafabad area” (pasted below).

“The investigative report highlights alarming irregularities in the ongoing Special Intensive Revision (SIR) of voter rolls in the Mustafabad constituency of Delhi. Out of 1,021 deletion applications filed, at least 787 Form 7—accounting for 94% of third-party deletion requests—were submitted in the names of 20 BJP-appointed Booth-Level Agents (BLAs). All the applications were against Muslim electors. Upon verification, The Hindu has reported that 16 of these 20 individuals denied filling, signing, or having any knowledge of these forms, indicating that their identities appear to have been forged and used fraudulently without their consent.

“The report raises serious concerns about possible systematic and fraudulent attempt to disenfranchise legitimate electors through the deliberate misuse of statutory procedures and warrants investigation.

“In light of these findings, we urge the ECI and the CEO, Delhi, to take immediate cognizance and initiate the following actions:

1. Register police complaints: Direct the registration of FIRs under relevant provisions of the Bharatiya Nyaya Sanhita (BNS) including for forgery, criminal impersonation, identity fraud, and submission of false declarations etc.
2. Comprehensive audit of all Form 7 submissions: Conduct a comprehensive audit of every Form 7 submitted across all constituencies in Delhi during the SIR to verify whether the listed objectors actually authorized and signed the forms.
3. Statutory penalties under the RP Act: After investigation, enforce strict statutory action under Section 31 of the Representation of the People Act, 1950, against all persons who knowingly submitted false or fabricated declarations in Form 7.
   
4. No deletions without independent verification: Immediately stay all deletion proceedings originating from third-party Form 7 applications until independent verification with the affected electors and listed objectors is completed.
5. Publish verification reports: Release a public report disclosing the total number of Form 7 applications received, verified as genuine, or found to be fraudulent to maintain public trust in the electoral process.
6. Publish all Form 7 submissions on the CEO Delhi website: Publish all Form 7 deletion applications received during the SIR on the website of the CEO, Delhi to enable people to check and verify whether such forms have been fraudulently submitted in their names.

The letter dated November 5 had been addressed to Gyanesh Kumar, The Chief Election Commissioner, ECI, Sukhbir Singh Sandhu, Election Commissioner, ECI, Dr. Vivek Joshi, Election Commissioner, ECI and Ashok Kumar, The Chief Electoral Officer (CEO), Delhi

The Hindu, November 5, 2026 (page 4)

The post Does the ECI’s Nov 6 communication signal a step-back on re-enrolment in the ASSD list? appeared first on SabrangIndia.

A copy of the judgement is not yet available.

Doley was arrested on July 12, days after he took part in a protest against a hotel project at Ingle Pathar, a village adjoining the Kaziranga National Park in Assam. Predictably, the police had alleged that he “unlawfully trespassed into the site of the Tea Tribes Museum and thereafter trespassed into the nearby ATDC [Assam Tourism Development Corporation] Hyatt project at Ingle Pathar with deadly weapons” during the protest. Doley, is the convenor of the Greater Kaziranga Land and Human Rights Protection Committee (GKLHRPC) and a leading face of the agitation against a proposed luxury hotel project near Kaziranga National Park.

On July 29, a sessions court in Golaghat granted bail to Doley, stating that the investigating officer had already recorded the statements of key witnesses and that there was no possibility of the accused concealing or tampering with the evidence.

However, the very next day, the Bharatiya Janata Party (BJP) government in the state detained Doley under the National Security Act, alleging that he had carried out “suspicious foreign transactions from doubtful sources” in violation of the Foreign Contribution Regulation Act. Shockingly, this means that he was not released from jail, despite the bail order.

In August, the Congress had alleged that the Assam government invoking the Act against Doley was part of a “growing pattern” of the BJP “weaponising extraordinary laws to silence dissent”. Party leader Jairam Ramesh had described the state government’s allegations against Doley as “vague and speculative”.

Citing detentions of at least two other persons under the Act in Uttar Pradesh in April, the Opposition MP claimed that this was a familiar script followed by the Narendra Modi government.

At the time of the arrest itself, three organisations have issued strongly worded statements condemning the arrest of prominent Assam land rights activist Pranab Doley, describing the police action as an attempt to suppress democratic dissent and intimidate communities resisting corporate-backed projects in and around Kaziranga. In separate statements released on July 12, the Forum for Social Harmony, the Asom Mojuri Shramik Union (AMSU) and All India Kisan Mazdoor Sabha (AIKMS), and the Bhumi Adhikar Andolan (BAA) alleged that Doley’s arrest is part of an intensifying pattern of criminalising indigenous rights defenders, farmers and people’s movements challenging land acquisition, displacement and the expansion of corporate interests in ecologically sensitive areas. While each statement approaches the issue from a distinct perspective, all three organisations unequivocally demand Doley’s immediate and unconditional release, withdrawal of what they describe as false and politically motivated criminal cases, and an end to the alleged use of police powers to stifle democratic protest.

The statements were issued hours after the Assam Police detained Doley in Guwahati on July 12 in connection with a criminal case registered at Bokakhat Police Station.

Forum for Social Harmony calls arrest an attack on democratic rights

The Forum for Social Harmony characterised Doley’s arrest as “an attack on democratic rights”, alleging that the Assam government had deployed the police machinery to suppress a legitimate people’s movement centred on land rights, livelihood protection and environmental justice. The organisation said the arrest was deeply alarming because it followed a prolonged and peaceful campaign by local farmers, indigenous communities and several people’s organisations opposing the proposed luxury hotel project at Engle (Inglay) Pathar in Kaziranga.

According to the Forum, the government’s response has not been to engage with the concerns raised by affected communities but to repeatedly invoke criminal law against movement leaders. It alleged that the filing of one criminal case after another reflects a “dangerous trend” of shrinking democratic space, where constitutionally protected rights to dissent and freedom of expression are increasingly curtailed through criminal prosecution and police action.

Related:

‘Attack on democratic rights’: Rights groups denounce Pranab Doley’s arrest

The post Assam: Gauhati HC quashes NSA detention of activist Pranab Doley appeared first on SabrangIndia.

Dozens of protesters from the Christian community marched to Kolkata’s Esplanade on Thursday (November 5, 2026) in protest against the rising cases of mob attacks on churches across West Bengal.  Thereafter, a mega-prayer rally was called by the Bangiya Chirstiya Parishad at Rani Rashmoni Road in Esplanade on Sunday (November 1, 2026). A sea of people from Kolkata and surrounding districts walked from Sealdah, Birla Planetarium, and Howrah to gather there and express their dissent over the rapid attacks.

“An unprecedented crisis has brought us together today at this prayer gathering in Kolkata. Over the past five months, coordinated attacks, vandalism, and atrocities targeting prayer meetings, worship centres, and churches have been taking place relentlessly across various districts,” said Herod Mullick, state secretary of BCP.

SabrangIndia had reported on the terror generated by local outfits of the Bajrang Dal against the Christian community in October 2026. This report may be read here.

Media has reported that at least 48 such incidents have been reported since May across the state since the far right Bharatiya Janata Party (BJP) “swept to power”. The elections have been contentitious however as allegations of mass voter exclusion under the controversial Special Intensive Revision (SIR) have been before, during and after the 2026 elections, been proven.

Despite 48 incidents being documented, however, the first information reports could be lodged in only 15 cases. Out of the 48 targeted churches, 7 belong to mainline denominations—6 Catholic and 1 Church of North India (CNI). Mr. Mullick has told the media that the central allegation levelled against the community is ‘forced conversion’. He said it is a ‘false narrative’ deliberately used only to frame peaceful Christian prayer gatherings as illegal conversion events.

“Our repeated appeals to the Chief Minister to uncover the truth remain unheeded, while miscreants who take the law into their own hands operate with complete impunity. While the victims have chosen forgiveness and you have continued to pray in silent endurance, the reality on the ground remains grim,” he added.

He also addressed the deep anxiety among the Christian community in Bengal over the upcoming Christmas festival in December. He said that the people are scared to celebrate any event or even to step out due to these recent incidents. However, Mr. Mullick assured them that the organisation is speaking to the administration and the dialogue seems positive.

Seeking a “constructive way forward”, a five-member delegation of the BCP also met the Rashtriya Swayamsevak Sangh (RSS) State Head, Dr. Jishnu Basu, on Wednesday. “Dr. Basu firmly assured us that attacks or vandalism on places of worship are entirely unacceptable and cannot be justified under any circumstances. He committed to personally taking up this matter with the CM,” he said.

The development comes only four days after a newly erected church at Basanti in South 24 Parganas was vandalised by a violent mob belonging to some Hindu outfits. Several priests and also the Bishop of the church have been injured during the incident.

A similar incident also took place at a prayer meeting in Malda’s Harishchandrapur on the same day. However, nobody was injured in this incident. Another under-construction church was also vandalised by a mob on July 5 at Subhashgram in South 24 Parganas.

Archbishop Joseph D’Souza, the President of the All India Christian Council and National Federation of Churches, Bishop Shyamal Bose, Bishop Nirmal Gomes, Bishop Subodh Mondal, Rev. Samaresh Naik from the National Council of Baptist Churches, Odisha, and representatives of Churches and Organisations from Meghalaya, Mizoram, and Nagaland were also present at Thursday’s (November 4, 2026) mega prayer rally.

“Attacks on the Christians are not new. We have been victims of such religious oppression historically. We must stand together against such barbarism unleashed on the Christian community. We are all the children of God, and he shall protect us. Our fight will continue,” said Mr. D’Souza, addressing the rally, according to media reports.

Meanwhile, a separate rally was also held at Basanti, where a newly constructed protestant church was attacked by a group of people on its inaugural day. The local Christian people marched to the local BDO office and submitted a memorandum demanding swift action against the culprits.

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The Indian Express had reported yesterday, November 5, that the IT Ministry has begun discussions on a sweeping overhaul of India’s social media regulatory framework, including a proposal to withdraw the legal immunity available to platforms like Facebook, Instagram, YouTube and X for content posted by their users.

The move, which could significantly impact how social media companies operate in India, is likely to raise public future, concern and condemnation as also set the stage for a major confrontation between the government and the technology industry, given that the protection has been central to the business models of some of the world’s largest internet companies. Reported The Indian Express.

Key to these deliberations is a rethink around the concept of “safe harbour”, a legal protection that shields internet intermediaries from liability for third-party content. According to two senior government officials, the government is exploring whether this protection should be restricted to services that merely transmit or carry information, such as internet service providers (ISPs), telecom service providers (TSPs) and peer-to-peer messaging platforms, rather than social media companies that actively determine what content users see.

What discussions centre around is the debate around whether or not social media platforms can continue to be considered “passive carriers of information”, given that they actively use sophisticated algorithms to rank, recommend and amplify content, besides also their ability to moderate posts based on their own community guidelines, which may not always align with Indian laws. According to the orientation of these discussions, such practices, amount to exercising editorial control over content, raising questions about whether these companies should continue to enjoy the same legal protections as traditional intermediaries.

“Intermediaries were supposed to be simply carriers of content, and safe harbour in that sense made sense. When you receive a message from someone, the platform’s only responsibility is to carry that message and deliver it to you without making any changes to it. But with social media platforms deploying complex algorithms to boost engagement and virality, the boundaries have been blurred. They definitely determine what gets shown to users, and are no longer simple carriers of content,” a senior government official told Indian Express.

Responding to these developments today, the Internet Freedom Foundation (IFF) has expressed alarm by the Indian Express that the Ministry of Electronics and IT has begun discussions on stripping social media platforms of safe harbour under Section 79 of the IT Act, 2000. IFF states that, “Nobody should mistake this for a move against Big Tech for it is a move against the people who use these platforms. Safe harbour is not a gift to Meta, Google or X. It is the legal foundation that lets ordinary Indians speak online without a platform’s lawyers deciding in advance whether their post is worth the risk and taking it down. If it is taken away, and every platform becomes liable for every post, comment and video. The rational response for any company is to remove anything that might draw a complaint, a notice or a summons. Criticism of the government, reporting on protests, satire, and the speech of people without lawyers will be the first casualties which are already being censored by automated filters implemented pursuant to the IT Rules, 2021.”

The statement issued by IFF goes on further to state that it was this very distinction that the Supreme Court recognised exactly this in Shreya Singhal (2015), which is why it read down Section 79 (3) (b) to require a court order or a lawful government direction before platforms must act. Besides, says IFF, the e timing tells its own story as the report says that MEITY’s rethink was shaped by a view within government that platform algorithms have favoured Opposition and anti-establishment narratives over official messaging, and by the role of Instagram during the student protests in July. In other words, the complaint is not that platforms host too much illegal content but it is that they host too much content the government dislikes.

“This is also the latest step in an escalation that has been building for years. The 2023 Fact Check Unit amendment tried to make the government the arbiter of truth about itself, until the Bombay High Court struck it down. The Sahyog portal has turned Section 79(3)(b) into a parallel, opaque takedown channel that sidesteps the safeguards of Section 69A, a practice X is now challenging in court. In August, a Parliamentary Standing Committee gave Mark Zuckerberg three days to apologise personally for the brief removal of the Prime Minister’s video or face the loss of safe harbour. Subsequently advisories were issued on October 8, 2026 and October 10, 2026 pressuring digital platforms to implement pro-active censorship through, “enhanced due diligence”.

The role of Instagram during the students’ protests in July, when the platform emerged as a key vehicle for mobilising online support, is understood to have played a part in these deliberations. The government has been examining how social media platforms determine the reach and visibility of different kinds of content, and whether their recommendation systems can influence public discourse while remaining insulated from legal responsibility for the material they amplify.

The friction between the government and social media companies has intensified in recent months. In July, the IT Ministry summoned Meta’s global policy executives, including its global affairs president Joel Kaplan, after a video uploaded by Prime Minister Narendra Modi was briefly withheld by Facebook in India during the students’ protests. The government had also raised concerns about the prevalence of deep fakes and the company’s compliance with Indian laws.

The tensions are not limited to Meta. Elon Musk-owned X has challenged the Centre’s online content blocking and takedown framework, including the use of the government’s Sahyog portal to issue removal notices. In September 2025, the Karnataka High Court dismissed X’s challenge to the mechanism, following which the company filed an appeal. The dispute has become emblematic of the widening disagreements between the government and technology platforms over the boundaries of online speech and the state’s authority to regulate it.

The government’s thinking has also received impetus from recent observations by the Supreme Court in the Just Rights for Children Alliance vs S Harish case, where the court raised concerns about social media companies’ failure to adequately prevent the circulation of child sexual exploitation and abuse material.

In its October 15 order, the court observed that Section 79 was inadequate to address persistent regulatory failures, describing the loss of safe harbour as a consequence that was too drastic for routine non-compliance but insufficient to deter violations. It called for a separate framework of proportionate penalties, including monetary fines, while retaining the loss of safe harbour as a last resort for serious violations.

Separately, the Parliamentary Standing Committee on Communications and Information Technology, chaired by BJP MP Nishikant Dubey, has also pushed for stronger action against social media companies. In August, Dubey warned that Meta could lose its safe harbour protection following the temporary removal of Modi’s video, and said the committee had recommended withdrawing such protections from platforms failing to comply with Indian laws.

Child Sexual Abuse, Deep fakes, Non-consensual Intimate Imagery real problems: IFF

Safe harbour was never meant to be a bargaining chip that MEITY waves at a company to extract compliance, states IFF. While there are real problems on these platforms such as child sexual abuse material, non-consensual intimate imagery and deep fakes, the Supreme Court’s observations in Just Rights for Children Alliance on October 15 deserve a serious answer. The answer is not blanket censorship argues IFF

“But the answer is targeted, rights-respecting obligations with independent oversight, transparency about takedowns, and a grievance process that works for users. It is not a liability regime that pushes platforms to delete first and never ask. Nor is it a rule that platforms must clear product changes with the government before shipping them, which would hand the state a license raj over the design of the services Indians use every day. Any change of this scale must go through Parliament, with a published draft, a genuine consultation and a full debate. It cannot be settled in closed-door meetings between the Ministry and a handful of companies. What IFF will do IFF will send a detailed representation to the Ministry of Electronics and IT setting out why the proposed changes to Section 79 are unconstitutional and unworkable, and what a rights-respecting approach to platform accountability should look like. We will also write to the Parliamentary Standing Committee on Communications and Information Technology. We are filing RTI applications with MeitY seeking the minutes, agendas, attendance lists and file notings of every meeting held on the review of safe harbour, including the meetings with Meta and other platforms in July and August, and the basis for the Ministry’s assessment of how platform algorithms treat government and Opposition content. The public has a right to know who is in the room when the rules of their speech are being rewritten. We will publish what we receive, and we invite other civil society groups, journalists and platform users to join us in asking the Ministry to put any proposal to open consultation before it goes anywhere near Parliament.”

Government

Meanwhile it appears that the discussions are still at an exploratory stage, and no final decision has been taken on the contours of the proposed changes. To be sure, stripping social media companies of safe harbour would likely require making amendments to the Information Technology (IT) Act, 2000, which would have to be approved by Parliament.

Queries sent by IE to the IT Ministry, Meta, and Google did not elicit any response until publication.

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The post Censorship: Government keen on stripping legal immunity for social media platforms appeared first on SabrangIndia.

As reported by The Indian Express, the agreement was finalised at a meeting at the Kolhapur district collector’s office, attended by Maharashtra Minister Hasan Mushrif, representatives of sugar mill owners and members of the farmers’ organisation. Shetti, who had been demanding an initial payment of Rs 4,500 per tonne, agreed to the revised arrangement.

Under the formula, farmers will receive an initial payment of Rs 3,900 per tonne. An additional Rs 100 will be paid at the end of the crushing season, while the remaining Rs 200 will be disbursed before the next crushing season, subject to sugar prices remaining stable at Rs 45 per kg.

The agreement also includes a provision to ensure that farmers benefit if sugar prices rise. If prices exceed Rs 45 per kg, 70 per cent of the additional revenue will be passed on to sugarcane growers, with the remaining 30 per cent going to factory owners, Shetti said.

Following the agreement, Shetti announced the withdrawal of the agitation at the Kini toll plaza in Kolhapur and Nagthane in Satara at around 1 am on Friday, November 6. A strike scheduled for Friday was also called off. Traffic along the Pune-Satara-Kolhapur stretch of NH-48 subsequently began returning to normal.

Months of demands culminate in highway blockade

The agreement follows nearly two months of sustained protests by sugarcane growers, who had been demanding an initial payment of Rs 4,500 per tonne, arguing that the amount was necessary to secure a fair return for their produce.

The agitation escalated on November 3, when the Swabhimani Shetkari Sanghatana launched road blockades at Nagthane in Satara district and the Kini toll plaza in Kolhapur district. As reported by The Indian Express on November 4, the protests disrupted traffic at several points along the highway, including Satara, Nagthane, Atit, Umbraj and Kini-Wathar. With both Mumbai-bound and Kolhapur-bound traffic affected, police were compelled to divert vehicles through interior village roads.

The blockade was not the organisation’s first attempt to press its demands. On October 13, farmers had blocked the highway at the Kognoli toll plaza on the Maharashtra-Karnataka border for more than 34 hours over the same issue.

The farmers’ demands extended beyond the immediate price of sugarcane. Shetti had also called for an increase in the minimum support price of sugar from Rs 31 per kg to Rs 50 per kg, arguing that the existing price structure did not adequately address growers’ concerns.

Speaking to the media during the November agitation, Shetti had criticised the state government and sugar mill owners for their failure to engage with the protesters despite the prolonged blockade. He pointed out that farmers had remained on the roads for over 24 hours without any official visiting them to hear their demands.

The protest had also received political support. Former Maharashtra Chief Minister and Congress leader Prithviraj Chavan, who represents Karad in Satara district, backed the agitation, accusing the state government and sugar factory owners of repeatedly ignoring farmers’ demands despite two months of protests.

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The post 61-hour highway blockade forces Maharashtra sugar mills to agree to Rs 4,200 per tonne for farmers appeared first on SabrangIndia.

A brief background on the facts and legal proceedings:

Two days ago, on November 3, 2026, a Division Bench (DB) comprising Justices Anil K. Narendran and Muralee Krishna S., in Sree Sankaracharya University of Sanskrit v Archana P.S. & Ors (W.A. 2276/2026), set aside a single judge’s interim order. The interim order had directed the university to accept the fees of 16 suspended students of the Sree Sankaracharya University of Sanskrit (Kalady, Ernakulam, Kerala) and let them appear for their exams. The appeal before the Division Bench (DB) was decided on grounds of pleadings and interim relief. In doing so, the DB quoted, and gave fresh life to, the 2017 observations in Dr Antony Thomas v V.M. Muhammed Rafique, to say that students engaging in such protest in an educational institution are liable to be expelled or rusticated.

The university has alleged that both obstruction and assault took place on August 13, 2026. Students on their part have disputed this, and an investigation is ongoing. NAJAR has stated that it takes no position on disputed facts and does not condone violence, if it has happened. But the issue of whether violence took place and whether peaceful protests have a place in a campus are entirely different questions, and the two must not be inter-twined. NAJAR believes that presenting non-violent campus protest as inherently ‘anti-democratic’ confuses peaceful agitation (for better facilities) or student rights with unlawful disruption and the same cannot be accepted.

Peaceful Protest in Academic Spaces is a Constitutional Right:

Article 19 (1) (a) and (b) under the Indian Constitution guarantee freedom of speech and expression and the right to assemble peaceably and without arms. Nothing in the Constitution excludes dharna or satyagraha as forms of peaceful protest, and nothing suspends these rights when a citizen is a student or when the place is a university campus or academic institution. The Supreme Court has recognised peaceful protest as part of these freedoms, including in in the famed Ramlila Maidan Incident (2012), Mazdoor Kisan Shakti Sangathan v Union of India (2018) and Amit Sahni v Commissioner of Police (2020).

Invoking Dr. Ambedkar to restrain peaceful protest is unfair:

On November 3, 2026; the Division Bench repeated the following observations of the Court in Dr. Antony Thomas v. V.M. Muhammed Rafique and others:

“Political activities like dharna, hunger strikes and other practices like Satyagraha have no place in a constitutional democracy, much less in academic institutions. Anyone indulging in the said activities in an educational institution would make himself liable to be expelled and/or rusticated. Educational Institutions are meant for imparting education and not politics. By their political ambition the political parties cannot hold to ransom the educational institution or the right of the civilized students to receive education.”

These observations apparently stem from Dr B.R. Ambedkar’s “Grammar of Anarchy”, wherein he had stressed that, where there are constitutional remedies available, there is no justification in adopting unconstitutional methods. However, says NAJAR, to misquote Dr. Ambedkar in such a skewed fashion, particularly in the context of student politics is nothing more than a futile attempt at stretching the clock of constitutionalism over institutional suppression. The whole ideation is problematic in manifold ways.

First, the above quoted passage is conditional. It says unconstitutional methods lack justification where constitutional methods are open. The relevant question is whether constitutional channels were actually open to these students, and the Court actually has not examined it on merit. When university authorities act arbitrarily, constitutional avenues inside the campus stand effectively shut. In such situations, peaceful protest is not a breakdown of law; it is the only remaining constitutional recourse to invoke administrative accountability.

Second, Dr. Ambedkar’s call to rely on constitutional remedies alone has to be read with the shift in his personal and political ideology pre and post adoption of the Constitution. The fact that in the pre-independence era, the people had to rely on both violent and non-violent means of protest against the colonial oppressors doesn’t vitiate the political reality of today, which many a times demand lawful means of protests including Satyagraha and dharna. In fact, more often it is the constitutional institutions that compel the citizens to adopt such means. Quoting Babasaheb, who himself led the Mahad Satyagraha in 1927, to justify a blanket ban on satyagrahas is selective. Equating non-violent protest with criminality distorts the original intention and warning.

Satyagraha and the role of student movements in India today:

Satyagraha was one of the methods of mass resistance during India’s freedom movement. It is difficult to call it ‘alien’ to constitutional democracy when this method, popularised by Gandhi himself, helped create one. Student movements, likewise, have shaped campuses in Kerala and the country, from the freedom struggle to later movements for rights and institutional reform. Back then, students boycotted colonial institutions and joined the Non-Cooperation and Quit India movements. In recent years, students have challenged sexist hostel curfews and caste discrimination on campus. After the NTA cancelled the NEET-UG exam amid paper leak allegations, students across the country peacefully took to the streets, following which Mr. Dharmendra Pradhan, former Union Education Minister, had to resign.

These movements are not ‘distractions’ from or ‘disruptions’ in education. They are how students and youth demand answers and accountability from educational institutions. To say that educational institutions are meant for imparting education and not politics is either political illiteracy or a much despicable attempt to isolate students from critical thinking and democratic expression.

NAJAR Re-affirms Right to Peaceful Organising and Protest:

NAJAR has emphasised that it believes that all students across campuses and learning spaces must have lawful channels to raise grievances, and institutions should answer reasonable grievances, rather than discipline or crack down on those who raise them. De-politicizing campuses strips students of their ability to question injustice and understand, reform social structures.

Belonging to a particular political ideology or refusing to tender an apology, or relying on matters yet to be evidentially ascertained, cannot be the reasons to shun protesting students from placing their reasonable grievances for institutional reforms, in a constitutionally democratic manner. Protesting peacefully does not make the students ‘less civilized’ or ‘unruly’.

Rather restricting the right to peaceful protest is a highly dubious attempt of subverting the progressive, democratic civic spaces in a state like Kerala, which is what it is today, thanks to democratic resistance, protests and the constitutional fights spearheaded by student and citizen movements!

Hence, the collective has also called upon the Sree Sankaracharya University to complete the enquiry promptly and fairly, in accordance with natural justice and proportionality. NAJAR has also urged that the 2017 observations of the High Court not be relied upon currently by the Kerala High Court to punish peaceful protests. Campus dissent must not be criminalised or treated as a threat to education.

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The post Kerala High Court’s Observations on Protest in Educational Institutions Unacceptable & Restrictive: NAJAR appeared first on SabrangIndia.

A division bench of Justices Valmiki Menezes and Amit Jamsandekar allowed the petitions challenging the deletion of their names and the rejection of their Form 8 applications, which are used by existing voters to update their residential addresses.

The court directed the Booth Level Officer (BLO) of the Santacruz Assembly constituency in Goa to include the petitioners’ names within 10 days, after verifying their residence.

As reported by LiveLaw, the bench said, “We allow the petition… We have rejected the contention of the ECI that the hearing in the present plea be deferred as the issue of SIR is pending before the Supreme Court…. This is not pertaining to SIR… We therefore ordered the BLO of Santacruz Constituency (in Goa) to add the names of the petitioners within a period of 10 days from today.”

The court also refused the ECI’s request to stay the operation of its order for two weeks.

Court questions requirement to submit enumeration forms

The dispute arose after the petitioners, members of the Salgaonkar family, approached the court stating that their names had been omitted from the electoral roll despite submitting Form 8 applications seeking changes to their residential addresses.

The ECI argued that under the SIR guidelines, voters were required to submit a pre-filled enumeration form along with Form 8. Since the petitioners had not submitted the enumeration forms, they were asked to file Form 6, which is meant for fresh inclusion in the electoral roll.

The bench questioned this requirement, pointing out that the pre-filled enumeration form contained a declaration that the elector continued to reside at the address recorded in the existing electoral roll.

Questioning how voters who had shifted residence could be compelled to make such a declaration, Justice Menezes observed:

“If a voter comes to you with Form 8, saying he has changed his address you just cannot tell that person that look your name isn’t included in the draft roll now you will have to fill in Form 6 (inclusion of new voter). Your enumeration form, basically has a declaration that a person continues to live at the address as mentioned in the existing voters list. But consider, if someone has changed their residence, can you compel the person to make a false declaration by submitting that pre-filled enumeration? Why can’t that person simply give a Form 8 because anyway, his name is there in the existing list he just wants to get his address changed.. Why compel enumeration form?”

The bench had also questioned why an existing elector seeking an address correction should be required to apply as a new voter.

Court flags risk of excluding eligible voters

During the hearings, the bench questioned the ECI’s approach of rejecting Form 8 applications instead of keeping them pending for verification. It also raised concerns about the consequences of compelling relocated voters to submit declarations that no longer reflected their actual residential status.

As reported by Bar and Bench, the court flagged a “catch-22 situation” in which voters who had shifted residence faced rejection of their Form 8 applications and were instead directed to submit Form 6, potentially creating further difficulties in establishing their electoral registration.

The ECI, represented by Senior Advocate Ashutosh Kumbhakoni, argued that the draft SIR roll was prepared afresh (de novo) on the basis of newly collected enumeration forms. According to the ECI, voters whose names did not appear in the draft roll could not use Form 8 to modify an existing entry and were required to apply afresh through Form 6 during the claims and objections period.

The court, however, allowed the petitions and directed restoration of the six names. It also rejected the ECI’s request to defer the proceedings until the Supreme Court decides the broader challenges to the SIR process.

The detailed written order is awaited.

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