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The Election Commission of India has submitted an affidavit to the Supreme Court refuting allegations of unilateral decision-making by Chief Election Commissioner Gyanesh Kumar. India Today accessed the affidavit, which maintains that all key decisions were passed unanimously alongside the two Election Commissioners. Addressing controversies regarding voter registration, the poll body stated that Form 6 was never amended, affirming that statutory changes can only be instituted by the Central Government. Instead, the commission clarified that an additional declaration regarding voter mapping was introduced to streamline verification and prevent repetitive document submissions. The poll body further indicated that unmapped voters do not need to attend formal hearings, with Booth Level Officers assigned to collect necessary documents directly. Officials also stated that experts from IIT and IISc will review the software, and denied that names were added or deleted without state election officer approvals. The Supreme Court is scheduled to hear multiple petitions regarding these issues.

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00:00But the big story that's breaking this evening, the Election Commission of India has filed an affidavit in the Supreme
00:06Court
00:06where the Election Commission has denied unilateral decision-making by the Chief Election Commissioner Gyanesh Kumar.
00:14The Election Commissioners, the Commission of India Affidavit, accessed by India Today,
00:19has said that all decisions were approved unanimously by the CEC and two ECs.
00:23The Election Commission says Form 6 was not amended. As is being suggested, only the centre can do it.
00:31So there was no violation of any law. According to the EC, the SIR declaration in Form 6,
00:37where you had to do mapping, was a separate document.
00:41EC says unmapped voters need not attend hearings. BLOs will now collect documents from unmapped voters.
00:49EC claims no name added or deleted without the nod of the state election officer.
00:57EC says experts from IIT and IISC will check the software.
01:01EC says Bengal appeals against voters filed by officers of the CEO, the Chief Electoral Officer.
01:10So the EC trying in a way to answer its critics now in that affidavit.
01:16But Anisha Mathur, again, this will leave more questions than answers, particularly over Form 6 and what has been said
01:24in the affidavit,
01:25where the EC says this is now a separate document.
01:28But is this a point-by-point rebuttal? What more details can you give about the EC's affidavit?
01:37See Rajdeep, remember the Supreme Court had issued notice on the 5th of October and had asked for a detailed
01:44response
01:45from the Election Commission and from the individual Election Commissioners on the allegations that had been raised
01:51about unilateral decision-making, about changes in Form 6, about voters being inconvenienced
01:59and, you know, people being booted out of the voter rolls.
02:03The Election Commission has filed a short affidavit stating specifically that this affidavit has been approved for filing
02:12by a unanimous decision of the three members of the Election Commission.
02:15They've also said that this is a short affidavit that is being filed because of the Dashehra vacations
02:22and that is why they've asked for time for specific point-by-point Paraguay's response
02:27to the petitions that have been filed.
02:29Remember, tomorrow is when the Supreme Court is set to hear about nine petitions on the same issues.
02:34First of all, they've said that the three SIR orders of June 25 as well as October 25 and May
02:4426
02:45were issued unanimously after a decision-making process that was done
02:50according to the rules under the Constitution and the Election Commissioners Act.
02:54They've also said that any allegations to the contrary, and I'm reading from the affidavit here,
03:00any all contentions to the contrary are erroneous and denied,
03:04and the attempt to make aspersions against the Election Commission is unfortunate.
03:09They've also said that the petition is based only on a single news article,
03:13that the questions have been raised regarding integrity of the Election Commission,
03:19and that is why they have now clarified the process of decision-making
03:23that is followed by the Election Commission.
03:26And they've said, in fact, that there is a process by which files are circulated
03:31among the three Election Commissioners,
03:33that views are placed by the views of the EC as well as the CECs
03:39and the other officials are placed before the Election Commission.
03:43And after considering all the views, the decisions are taken and orders are issued.
03:47And if you can give me 30 more seconds, Rajdeep, there's one more point.
03:51There was a whole controversy over the work allocation orders that had been issued,
03:57and after which the two Election Commissioners had written to the Cabinet Secretary
04:02against that particular work order.
04:03The Election Commission affidavit has now clarified that that letter had been issued
04:09by an IELTS officer who had been sent on deputation to the Election Commission,
04:13and after the objections had been raised by the ECs,
04:16that particular work allocation order was never implemented.
04:20They've also argued that the quasi-judicial and other functions
04:24are directly under the ambit of the Election Commission as a whole.
04:28Some powers are delegated to the CEC as the chairman,
04:32and some powers are delegated to the officers
04:35who work under the supervision of the Commission itself.
04:39They've in fact also argued that communications that are issued,
04:44there are certain communications that are issued,
04:47there are documentations that are issued in the name of the Commission.
04:51What is more important for the voters is that the Election Commission
04:56has unequivocally said that Form 6 has not been amended.
05:00They've said that there is a declaration that has been added to the Form 6,
05:05and in fact they have justified that declaration,
05:09the mapping, voter mapping that we've been talking about for several months now, Rajdeep.
05:14They have said that voter mapping was introduced
05:18after the experience of the Bihar SIR, where mapping was not available,
05:23and that is why voters had to submit a number of documents
05:27and had to undergo a lot of verification and resubmission.
05:31In fact, they've said that the need to make, and I'm quoting again,
05:37the need to make all facilities to the statutory authorities
05:40and voters on an online platform,
05:42there were steps taken by officers to whom responsibilities have been assigned,
05:47and on a review of the manner in which Form 6 and the declaration were displayed
05:52on the IT platform,
05:54some concerns arose for the reason that the manner in which the declaration was presented
05:59was such that it could be construed as though an amendment has been made.
06:04They've admitted that the online form,
06:06the online declaration was made in a way
06:10that people would feel that the form itself has been amended.
06:14However, they've clarified that Form 6 can only be amended by the centre,
06:19and the declaration was only a measure to enable a person seeking registration as a voter
06:24to dispense with the need for filing extra documents
06:27during the claims and objections period.
06:29So, a lot is being said in this affidavit, Rajdeep.
06:32We will keep analysing this, of course,
06:35particularly in the light of the hearing that is tomorrow in the Supreme Court.
06:39Back to you.
06:39Well, the truth of the matter is, the fact is that that particular decision on Form 6
06:44was described by one of the election commissioners as illegal and unauthorised.
06:49So, it's not simply just a decision that was taken.
06:52There will be questions that will be raised on specific points
06:55that were made during that decision-making process.
06:58But Anisha Mathur, for joining me with those details, appreciate your joining me.
07:03The big story, of course, the election commission now finally filing an affidavit
07:08before the Supreme Court, claiming that its decisions were unanimous
07:11and not only taken by the chief election commissioner.

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