Supreme Court to Address Voter Registration Concerns in Delhi

Supreme Court Hearing Scheduled for November 19

New Delhi: The Supreme Court announced it will hear concerns regarding the Election Commission's recent clarification on November 19. This clarification allows voters whose names were excluded from the draft electoral rolls to apply for new registration using Form 6 during the special intensive revision of electoral rolls in Delhi.

The bench, comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana, reassured the public that there is no need for concern as the court is addressing the issue. Petitioners Anjali Bharadwaj and Amrita Johri were instructed to submit an application to include the Election Commission's November 3 clarification in the court records.

The Chief Justice hinted that the bench might consider requesting the Election Commission to extend the registration deadline if deemed necessary.

Advocate Prashant Bhushan, representing the petitioners, highlighted that the Election Commission's clarification from November 3 seems to contradict the Supreme Court's remarks made during the October 28 hearing. At that time, the court had questioned the necessity for previously registered voters to reapply using Form 6.

Bhushan argued that voters whose names were on the 2026 electoral rolls but were later removed during the SIR process should be permitted to restore their registration through Form 8 or the enumeration form, rather than being forced to register as new voters.

In its communication dated November 3 to state chief electoral officers, the Election Commission clarified that voters whose names are absent from the draft electoral roll can submit Form 6 to request inclusion in the final roll, regardless of their previous enrollment status.

The Election Commission asserted that submitting Form 6 under these circumstances would not constitute a false declaration, even if the individual had participated in past elections.

Furthermore, it stated that no actions under Section 31 of the Representation of the People Act, 1950, would be taken against voters simply because they had been listed in a previous electoral roll and subsequently submitted Form 6 during or after the SIR process.

This protection applies as long as the voter is not already registered in another parliamentary or assembly constituency and the declaration complies with legal requirements, according to the Election Commission.

The Commission also referenced the Delhi High Court's ruling in Nilotpal Datta v. EC, which indicated that voters should not fear prosecution for false declarations solely based on their previous enrollment or voting history.

During the October 28 session, the Supreme Court emphasized the fundamental right to vote, stating it cannot be forfeited even if a voter is absent.

The court had directed the Election Commission to develop a strategy to reach out to 47 lakh of the 1.45 crore voters in Delhi whose names were removed from the draft voter list during the ongoing SIR of electoral rolls.

The Supreme Court questioned the Election Commission regarding the requirement for previously registered voters, whose names were omitted from the draft rolls, to submit Form 6 intended for first-time registration.

The court also advised the Election Commission against imposing a deadline and suggested accepting enumeration forms from voters who had been removed instead of requiring them to fill out Forms 6, 7, and 8.

The Chief Justice remarked on the need to address the gap of 43 lakh voters, stating that the matter would be revisited in two weeks.

He suggested that the Election Commission publish a list indicating the 43 lakh individuals who were previously registered but could not be contacted, urging them to reach out to the nearest BLO and complete Form 8.

The Election Commission informed the bench that it would consider accepting late enumeration forms and might extend the October 30 deadline if necessary.

The petition requested the Election Commission to publicly disclose the list of voters who received notices during the SIR of electoral rolls in Delhi, along with specific reasons for each notice.

Bhushan noted that approximately 47 lakh voters had been excluded from Delhi's draft electoral rolls, which initially included around 1.45 crore electors before the SIR.

On August 31, the Election Commission released the draft electoral rolls following the SIR, indicating that about 47 lakh names had been removed from a pre-revision electorate of approximately 1.45 crore.