Justice Abhay Oka Questions SIR Process, Urges Supreme Court To Reconsider May 2026 Judgment

Mumbai, October 15, 2026 - Former Supreme Court judge Justice Abhay Oka has called for a reconsideration of the Supreme Court's May 2026 ruling that upheld the constitutionality of the Election Commission of India's (ECI) Special Intensive Revision (SIR) of electoral rolls. Oka questioned the legality of the revision process, particularly its simultaneous application across all constituencies, a move he deemed incompatible with Section 21(3) of the Representation of the People Act, 1950, which mandates revisions to be conducted constituency by constituency and prior to the general elections.

The judge also challenged the legal foundation for the ECI's introduction of enumeration forms, arguing that neither the 1950 Act nor the Registration of Electors Rules, 1960, permits the deletion of a voter's name solely for failing to submit the form. According to Oka, if a voter does not fill out the form, their name should remain on the draft list, with the ECI issuing a notice for the voter to appear in court.

Furthermore, the judge scrutinized the changes to Forms 6 and 8, stating that the ECI lacks the authority to unilaterally introduce rule modifications that necessitate legislative approval. Oka warned that even if the SIR process is legally sound, courts can intervene if the procedure is applied capriciously.