A plea has been filed in the Supreme Court challenging the Election Commission of India's procedure in the Delhi Special Intensive Revision requiring voters, whose names have been deleted pursuant to the SIR exercise, to fill Form 6 to seek re-inclusion of their names on the voter list.

An interlocutory application petition has been filed by transparency Anjali Bhardwaj and Amrita Johri through Advocate Prashant Bhushan in the pending petition, where they have challenged procedures regarding a logical discrepancy in the Delhi SIR. The petition has been filed through Advocate Prashant Bhushan and Neha Rathi.

They have pointed out that Form 6 requires every applicant to affirm that they are “applying for inclusion in Electoral Roll for the first time”.

It has stated that during the enumeration phase of the Special Intensive Revision(SIR) in Delhi, 47,56,722 electors (32.78% of the voters who existed prior to the start of SIR) were excluded from the Draft Electoral Roll under the category of ASDD (Absent, Shifted, Dead or Duplicate). For any person on the ASDD list, the only mechanism for filing a claim for having their name restored in the voter list is through Form 6.

The petitioners have pointed out that this creates a fundamental anomaly as all these people were previously enrolled on the voter list but are now required to submit Form 6 and make a declaration that they are seeking inclusion in the electoral roll for the first time, which is factually incorrect and wholly inapplicable to their circumstances. Further, such persons would also become liable for facing punishment for giving a declaration under Section 31 of the RP Act, 1950 which provides for imprisonment for a term which may extend to one year or with fine or with both.

The petition also points out that the additional Declaration Form required to be submitted along with Forms 6 and 8, which has been prescribed through the SIR guidelines, is without the force of law and should be struck down.

Form 6 is prescribed under the Registration of Electors Rules, 1960, which have been framed under Section 28 of the RPA, 1950. Section 28(1) empowers the Central Government, after consultation with the Election Commission, to make rules for carrying out the purposes of the Act by notification in the Official Gazette, while Section 28(3) requires such rules to be laid before both Houses of Parliament and permits Parliament to modify or annul the same. However, no such procedure was followed for this additional declaration form.

The additional Declaration Form, which was published in the SIR,guidelines issued in June 2026, was subsequently modified for the SIR guidelines issued in October 2025 and the guidelines issued in May 2026 (which are applicable for Delhi).

The petition also points out that the subsequent clarification by the ECI that the additional Declaration Form will not be required during the non-SIR period creates a situation wherein different mechanisms exist for the same purpose, which is legally not tenable.