Supreme Court Dismisses Plea Seeking Contempt Action Against ECI For Not Changing Forms Asking Aadhaar Number To Enrol New Voters

Despite the ECI's assurance last year that Aadhaar numbers were not obligatory for new voter registration, the forms remained unchanged, according to the petitioner. However, a bench comprising Chief Justice DY Chandrachud and Justices Manoj Misra and Satish Chandra Sharma today declined to initiate contempt proceedings, noting the ECI's statement that it was addressing the issue. The bench also pointed out that the earlier petition was disposed of in the light of the undertaking by the ECI that they were looking into the issue and that the court had not set any timeline for compliance.

The bench opined that it was not a case for initiating contempt action.

Last September, the Election Commission had given an undertaking to the Supreme Court, pledging to make "appropriate clarificatory changes" in Forms 6 and 6B, which sought Aadhaar details for electoral roll authentication for new voters. The commission's counsel also admitted before the apex court that the submission of Aadhaar numbers was not mandatory as per Rule 26-B of the Registration of Electors (Amendment) Rules 2022.

This assurance came in response to a petition filed by G Niranjan, senior vice president of the Telangana Pradesh Congress Committee, who highlighted issues with Forms 6 and 6B. The Congress leader's plea stemmed from the enactment of the Registration of Electors (Amendment) Rules 2022, which was promulgated to link Aadhaar numbers with election ID cards, pursuant to the Election Laws (Amendment) Bill, 2021. Form 6B facilitated voters in informing their Aadhaar numbers for electoral roll authentication. However, the Aadhaar-voter card linkage is strictly voluntary, as per the new law.

A separate challenge to the Election Laws (Amendment) Bill, 2021, and Registration of Electors (Amendment) Rules 2022 is currently pending before the top court.