Modified Form 6 was not adjudicated in the Bihar SIR judgment, the Supreme Court has clarified, as a fresh PIL on the controversy was mentioned before it.
New Delhi: The Supreme Court on Monday clarified that its Bihar SIR judgment did not decide whether the new Form 6 introduced by the Election Commission of India is approved or not. A petitioner had submitted that the Court had said the form was not approved, while the Commission maintains that it is [Pleas concerning Special Intensive Revision and the Election Commission of India].
Justice Joymalya Bagchi told the parties that the Chief Justice Surya Kant had not said whether the new Form 6 was approved or disapproved.
In Justice Bagchi’s words
Justice Bagchi stated the position as follows:
There is no adjudication on the new Form 6. What the Hon’ble Chief Justice said was that when the Bihar SIR judgment was delivered, new Form 6 was not there. That does not say it is either approved or disapproved by the Supreme Court.
The controversy has also reached the Court through a fresh PIL, which impleads Chief Election Commissioner Gyanesh Kumar. On the petitioners’ side, the contention is that the position had already been declared on October 5; the Commission’s stand is that the form stands approved. The Court has expressed no view on either contention.
What the clarification changes
It narrows the meaning of the Court’s earlier remarks. They record that the modified form post-dates the Bihar SIR judgment, not that the Court has ruled on its validity, and that question stays open for the pending and fresh petitions.
Case Title: Pleas concerning Special Intensive Revision and Form 6 v. Election Commission of India
Bench: Justice Joymalya Bagchi, Supreme Court of India
Date of Hearing: October 12, 2026