Delhi SIR: High Court Allows Voters Whose Names Were Deleted From Electoral Rolls To Apply Through Form 6, Finds Apprehension 'Misplaced'

The Delhi High Court has disposed of a petition filed by two voters whose names were deleted from the electoral rolls after they could not complete the enumeration process during the Special Intensive Revision (SIR) in the national capital.

A Division Bench comprising Justice Dinesh Mehta and Justice Aditi Choudhary said that the apprehension of the voters, of being accused of making a false declaration while submitting Form 6, was misplaced.

The Court observed that the petitioner voters could apply through Form 6, as suggested by the Election Commission of India (ECI), and that their applications would be processed in accordance with law.

The petitioners had approached the Court challenging the procedure prescribed by the ECI for existing electors who could not be enumerated during the SIR.

They sought directions to restore their electoral entries and permit correction and transposition of their names through Form 8 instead of requiring them to seek fresh inclusion through Form 6.

Their grievance was that they had shifted from their previous address and, consequently, could not fill the enumeration forms, resulting in the deletion of their names from the electoral rolls.

Appearing for the ECI, Standing Counsel Sanjay Vashishtha submitted that the petitioners could get their grievance redressed by furnishing Form 6 under the Registration of Electors Rules, 1960. He also submitted that assistance was offered to one of the petitioners by the Electoral Registration Officer.

However, the said petitioner, appearing in person, opposed the suggestion, contending that submitting Form 6 would amount to making a false declaration.

The Court rejected the said apprehension, observing that the suggestion to submit Form 6 had come from the ECI's standing counsel on the instructions of the Electoral Registration Officer.

“Petitioner no.1's apprehension that he would be accused of furnishing a false declaration is misplaced,” the Court observed.

“With these observations, the writ proceedings are closed. Petitioners, if so desire, may fill Form 6, which shall be processed in accordance with law,” the Court said.