With respect to the Special Intensive Revision (SIR) of electoral rolls in Delhi, the Supreme Court on Wednesday questioned the Election Commission of India over asking persons deleted from the draft roll for not filling up enumeration forms to use Form 6 to register as new voters, when they were on the 2026 rolls.

The Court pointed out that Form 6 is meant for first-time voters, where the applicants have to declare that they have not voted before. The Court underscored that in Delhi, there would be various persons on whom enumeration forms could not be served as they changed their addresses, or have temporarily gone out of the city for work. Why cannot they be given an opportunity to fill enumeration forms or file Form 8(to show change in address), instead of filing Form 6, the Court asked.

A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was hearing the writ petition filed by Anjali Bharadwaj and Amrita Johri raising issues regarding the Delhi SIR process. Responding to the concerns flagged by the bench, Senior Advocate Dama Seshadri Naidu, for the ECI, said that the authorities will examine them and take remedial steps. Naidu also said that the ECI will consider extending the deadline.

The bench suggested creating a residual category to deal with persons who have temporarily shifted.

Advocate Prashant Bhushan, for the petitioners, submitted that out of 47 lakh deleted voters, 43 lakhs are shown to be permanently shifted or absent. Bhushan said that these are persons who never received enumeration forms. But the ECI is not allowing them to file Form 8 (to alter address), and asking to file Form 6. "All that they can do is fill Form 8. It's for shifted voters. But EC is saying in this SIR, you can't fill Form 8, you have to fill Form 6. To be included in the draft roll. They are making people fill up a false declaration that they have not voted before. One easy solution is there - allow people to fill enumeration forms even now. Those who have shifted should fill up the enumeration form and Form 8. Form 6 is for new voters. We are not new voters," he said.

"How do you propose to resolve this?" CJI asked Naidu, underscoring that Delhi will have a lot of fluctuating population. "Instead of putting the burden on them that they will approach, why don't you reach out to them?" CJI asked.

Justice Bagchi then asked, "What's the understanding of the ECI as to name in the voter list? Is it name in the 2003 list or in the latest electoral roll?"

"Latest list before SIR will be taken as basis (2026)," Naidu replied.

Justice Bagchi then articulated the concern of the bench :

"So if it is the 2026 list, and the person is not residing there, the enumeration form is not reaching him, you say he has shifted or absent. You call upon the person to file Form 6, declaring my name was never in the list. It's an error. You ask for further declaration - when and where you were born, where is the connection, name of father, etc. We understand your de novo enquiry. If you are relating back only to 2003, this exercise is understandable. Because you have erased all lists post-2026. Everyone is a new voter. SIR Form 6 should say my name is not included in the 2003 voters list. But if you take 2026 as cutoff, and someone has shifted, you have to permit them Form 8."

Justice Bagchi then continued :

"How did you serve enumeration forms? Voters are 1.45 crore. Of which you started issuing enumeration forms from sometime 30 June...you take about 1.5 months to serve 1.45 cr. Of which 97 lakh respond. 47 lakh do not respond. This lack of response - you characterise as absent, shifted, dead or duplication. The categorisation is exhaustive. There may be a residual group who were not served. If they have shifted, how can you call them shifted? Maybe someone had gone outside Delhi for 1 month. He comes back, form is over. He has not really shifted. This situation - what do you do? These persons, as per your structured SIR scheme, have to go to Form 6. That is where Mr.Bhushan is making out a case. Wh these persons are asked to give Form 6? Form 6 is for a person never in the roll. Somebody might not have shifted; they were not served the form. You have not created that structure. You look into that issue."

The CJI then suggested :

"In one statement or circular, you can clarify that Form 6 is required to be only by those who want to register as first time voters in NCT of Delhi. Those who were there in the list of 2026, and those who are now not able to collect the [enumeration] form by virtue of the fact they have either permanently or temporarily shifted or due to other reasons,..."

Justice Bagchi said that Form 6, Form 7, Form 8 are "cast in stone" and cannot be changed, though in the SIR process, the ECI has residual powers to add to them by seeking declarations. Justice Bagchi suggested that a declaration can be sought as to why they could not collect or respond to the enumeration form.

Justice Bagchi said that there could be a residual categorisation that due to non-service of the enumeration form, they could not respond, and they could be asked to give a declaration giving the reasons for non-response.

Right to vote is a vital right

Emphasising that the right to vote is a "vital right", Justice Bagchi asked if a person should lose the right to be on the roll since he has not filled the enumeration form

"Right to vote is a vital right. Your job has been done with due diligence. Let's say the voter was at lapse. He did not respond- will that be a ground to forfeit the right forever?Tell me the answer. A voter, for various reasons, was not able to respond. Voter comes and says please put in these papers. You say put in Form 6. How does he file Form 6? There is this structural incongruity, which has to be addressed. If he has not filled the enumeration form and the draft roll has been published, he has not shifted... Our query to you as the Election Commission of India, is: will you say the person forever loses the right to come into the electoral roll? "

Naidu replied that the suggestion to create a "residual category" will be considered, to deal with persons who have moved from one booth to another.

Justice Bagchi, citing his personal example, said that as per the Representation of the People Act, he has not "shifted" from his constituency, though he is not present there now.

Bhushan said that persons who have shifted from one booth to another are barred from filling up the enumeration form on the ground that their address was not the same as the previous one.

Naidu said that ECI is willing to give a Form for those categories, which will not be called "Form 6". He further pointed out that there is not even one prosecution though half of the nation has gone through this process [wherebby deleted voters were to file Form 6]. "The reason why we are calling them first time voters, is it is a clean slate. Insofar as the draft list, he was not there. He is first-time as far as SIR is concerned," Naidu said.

The CJI suggested the ECI not to rush through the process, since Delhi is not going to polls anytime soon.

"Why don't you permit them to submit the enumeration form instead of Form 6?" Justice Bagchi asked. The CJI suggested that the deadline for enumeration forms could also be extended.

Naidu agreed that the ECI will have a discussion on these suggestions.

"Thing is - till your final roll is there, why Form 6? They can file enumeration form. Shifted, dead, deleted or other reasons," Justice Bagchi said.

The CJI proposed that the list of deleted persons be published, and those persons be asked to contact the nearest Booth Level Officer to file Form 8.

"We will take up after two weeks. The effort should be, how to reduce the gap of 43 lakh. One suggestion - [make sure] list is published 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. Ask them to contact nearest BLO and fill Form 8

"Enumeration forms will be enough. After final list, you are correct [need to file Form 6]," Justice Bagchi said.

"Tell that Forms 6 and 8 are still welcome. Keep on persuading people, " CJI said.

The matter will be considered after two weeks.

The petition has been drawn by Neha Rathi and Kajal Giri Advocates.