Delhi SIR: Supreme Court to hear plea against EC's Form 6 clarification on November 19

The Supreme Court on Wednesday said it would hear on November 19 concerns raised over the Election Commissions recent clarification allowing voters whose names were omitted from the draft electoral rolls to seek fresh enrolment through Form 6 during the special intensive revision of electoral rolls in DelhiObserving that people need not be apprehensive as the court was hearing the matter a bench of Chief Justice Surya Kant and justices Joymalya Bagchi and V Mohana asked petitioners Anjali Bharadwaj and Amrita Johri to file an appropriate application placing the ECs November 3 clarification on recordThe bench said the matter would be taken up for hearing on November 19 The CJI also indicated that the bench could consider asking the EC to extend the deadline if necessaryThe issue was brought to the courts notice by advocate Prashant Bhushan appearing for the petitionersHe said that the ECs November 3 clarification appeared to be contrary to the Supreme Courts observations during the October 28 hearing when it had questioned the requirement of asking previously enrolled voters to apply afresh through Form 6He said that voters whose names figured in the 2026 electoral rolls but were subsequently omitted during the SIR exercise should be allowed to seek restoration through Form 8 or the enumeration form rather than being compelled to register as new votersIn its November 3 communication addressed to the chief electoral officers of states the poll panel clarified that electors whose names do not appear in the draft electoral roll can submit Form 6 to seek inclusion in the final roll irrespective of whether they had been enrolled previouslyThe EC maintained that submitting Form 6 in such circumstances would not by itself amount to a false declaration even if the applicant had voted in earlier electionsIt further clarified that no action under Section 31 of the Representation of the People Act 1950 would be initiated against an elector merely because the person had figured in a previous electoral roll and subsequently submitted Form 6 during or after the SIR processThis protection would apply provided the elector was not already enrolled in another parliamentary or assembly constituency and the declaration otherwise complied with the law the poll panel saidThe poll panel also relied on the Delhi High Courts observations in Nilotpal Datta v EC stating that voters need not apprehend prosecution for false declaration merely because they had been enrolled or had voted previouslySupreme Court questions EC over deletion of 47 lakh voter namesOn October 28 the top court said that the right to vote is vital and it cannot be forfeited even if a voter is absentIt had asked the EC to devise a mechanism to reach out to 47 lakh of 145 crore Delhi voters whose names were struck out in the draft voter list during the ongoing SIR of electoral rollsThe top court questioned the poll panel on the requirement for previously enrolled voters whose names are omitted from the draft rolls to file Form 6 meant for firsttime enrolment to seek inclusionIt also advised the EC not to fix the deadline and accept enumeration forms from deleted voters instead of asking them to fill Form 6 7 and 8You see how to reduce this gap of 43 lakh We will take up after two weeksOne suggestion please publish the list telling that you are the 43 lakh persons who were earlier shown in so and so that we have not been able to contact you please see that you are able to contact us the CJI orally observed adding Ask them to contact nearest BLO and fill Form 8The EC told the bench that it will consider accepting late enumeration forms and will extend the October 30 deadline if neededThe plea sought a direction to the EC to place in the public domain the list of electors who were issued notices during the SIR of electoral rolls in Delhi along with specific reasons for each noticeBhushan had said approximately 47 lakh voters had been omitted from Delhis draft electoral rolls which had covered around 145 crore electors before the SIROn August 31 the EC published the draft electoral rolls following the SIR reporting that approximately 47 lakh names had been omitted from a prerevision electorate of around 145 croreThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever