Delhi SIR Row: Supreme Court to Examine EC's Form 6 Clarification

The Supreme Court will hear on November 19 concerns over the Election Commission's clarification allowing voters whose names were deleted from Delhi's draft electoral rolls during the Special Intensive Revision (SIR) to seek fresh enrolment through Form 6.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana on Wednesday asked petitioners Anjali Bharadwaj and Amrita Johri to file an appropriate application placing the EC's November 3 clarification on record. The Chief Justice indicated that the court could consider directing the poll panel to extend the deadline, if necessary.

The issue was raised by advocate Prashant Bhushan, who argued that the EC's clarification appeared contrary to the Supreme Court's observations during its October 28 hearing. The petitioners maintained that voters who were previously enrolled but whose names were subsequently omitted should be allowed to restore their registrations through Form 8 or the enumeration form instead of being treated as new applicants.

In its November 3 communication to the chief electoral officers of states, the EC clarified that anyone whose name does not appear in the draft electoral roll can submit Form 6, irrespective of whether they were previously registered or had voted in earlier elections.

The poll panel also said that submitting Form 6 would not, by itself, amount to a false declaration or invite prosecution under Section 31 of the Representation of the People Act, 1950. This protection applies provided the applicant is not already enrolled in another parliamentary or assembly constituency and fulfills the legal requirements.

During the October 28 hearing, the Supreme Court emphasised that the right to vote is vital and cannot be forfeited merely because a voter is absent during the revision exercise. It asked the EC to establish a mechanism to contact approximately 47 lakh voters whose names were omitted from Delhi's draft electoral rolls.

The court had also questioned the need for previously registered voters to submit Form 6, which is primarily meant for first-time enrolment, and suggested accepting their enumeration forms or Form 8 instead.

The EC had informed the bench that it would consider accepting late enumeration forms and extending the October 30 deadline if required.

The draft electoral rolls, published on August 31, recorded the deletion of approximately 47 lakh names from Delhi's pre-revision electorate of 1.45 crore voters. The petitioners have also sought disclosure of the list of voters issued notices during the SIR, along with specific reasons for each notice.

The Supreme Court will examine the matter on November 19.