ECI must probe bulk Form 7 submissions in UP: Supreme Court

A bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana instructed the petitioners to submit a note to the ECI specifying the unresolved issues.

New Delhi: The Supreme Court directed the Election Commission of India (ECI) on Friday, October 30, to examine the alleged submission of bulk Form 7 applications for deletion of names during the Special Intensive Revision (SIR) of electoral rolls in Uttar Pradesh.

A bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana instructed the petitioners to submit a note to the ECI specifying the unresolved issues.

“The irregularities which have been brought to the notice of the Court shall be submitted to learned senior counsel appearing for the Election Commission of India by way of a note. On receipt thereof, let the Election Commission examine the factual aspects, thereafter take necessary corrective steps and file a compliance report,” the Court noted.

The counsel representing the petitioner submitted that on August 5, the court asked the ECI to respond to their interim application regarding Form 7 submissions to BLOs. “Three states were before Your Lordships, Chhattisgarh, Kerala, and Uttar Pradesh. The issues concerning Chhattisgarh and Kerala have been addressed. This Form 7 issue concerns Uttar Pradesh.”

Senior Advocate DS Naidu, appearing for the ECI, agreed that bulk Form 7 applications were being submitted but added that they were not taken for consideration.

“We found that bulk Form 7 applications had been submitted. Our officers checked and cross-checked them. They were false, and we have not acted upon them,” Naidu said.

The petitioner’s counsel contended that 32 forms were submitted in one constituency targeting a particular community. “Two forms on record were signed by the BLO. There are material inconsistencies and irreconcilable facts,” he said about the ECI affidavit.

Similar cases in Telangana, Karnataka

He noted that similar cases were reported in both Telangana and Karnataka, with FIRs registered in those states as well. He said lack of action against the alleged perpetrators emboldened them and argued that it was an orchestrated effort.

“In Uttar Pradesh, nothing was done. Therefore, they became emboldened. It is an orchestrated effort,” he said.

Naidu noted that the ECI can only investigate these claims after a formal complaint is submitted. “If there is any element of truth, let them file a complaint. Then we can examine it.”

The Court declined to extend the deadline for Kerala’s SIR verification exercise, noting that requests for corrections and inclusions can still be made through an ongoing process.

“Find out wherever you feel there are persons who should still be given a chance or opportunity. Bring it to their notice by way of representation. We will tell them to examine it, and we will keep it pending,” said CJI Kant.