Supreme Court Seeks ECI's Response On Plea Challenging Maharashtra SIR

  • Supreme Court Seeks ECIs Response On Plea Challenging Maharashtra SIR

    "Nobody will be prosecuted," CJI Surya Kant said when the petitioner raised apprehensions over deleted voters being asked to file Form 6.

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    The Supreme Court on Monday issued notice to the Election Commission of India on a writ petition challenging the Special Intensive Revision (SIR) of the electoral rolls in Maharashtra.

    The Court however declined to pass ex parte orders to extend the date for claims and objections or to restrain the ECI from publishing the final voters' list. The bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana posted the matter on November 5.

    Senior Advocate Arvind P Datar, appearing for the petitioner Arun Anandagiri, submitted that out of 9 crore voters in the State, nearly 33% (3 crores) have been struck off after the draft rolls were published, and 1.22 crore voters were deleted on the ground of 'logical discrepancy'. Datar said that these deleted voters are asked by the ECI to file Form 6 to register as fresh voters. He said that Form 6 is meant for first-time voters, and persons who have voted previously cannot be asked to fill Form 6.

    He requested that the ECI be asked to not finalise the list(which is due on November 6), as Maharashtra does not have any immediate election. He urged that it will take some time to bring back the 3 crore deleted voters.

    "In Pune and Bombay, 40% voters are not there," Datar submitted. He submitted that in these cities, many voters were relocated after redevelopment projects; however, the many of them were deleted on the ground "person not found."

    He requested extending the date for final list publication, underscoring that it was a peculiar problem in Maharashtra. Datar highlighted that asking an existing voter, who got deleted after SIR, to file Form 6, will be an offence, since the applicant has to declare in Form 6 that they have not voted before. He stated that recently, the Delhi High Court said that no prosecution will be taken against deleted voters who file Form 6. "Delhi High Court says -don't worry, they will not take prosecution. But that is not an answer," Datar said.

    "Nobody will be prosecuted," CJI Kant said. Datar said that there should be a new Form for deleted voters, as filling Form 6 might amount to a false declaration.

    He also requested extending the deadline for claims and objections (which is today). However, the bench expressed disinclination to pass such an order without hearing the ECI. The Chief Justice said that the Court has extended the date with respect to SIRs held in other states.

    Case : ARUN ANANDAGIRI Vs ELECTION COMMISSION OF INDIA | W.P.(C) No. 1330/2026


    Debby Jain

    Debby Jain is a Correspondent with LiveLaw, covering the Supreme Court of India

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