The Supreme Court on Wednesday questioned the Election Commission's decision to ask people whose names were previously on electoral rolls to submit Form 6 for re-enrolment during the Special Intensive Revision (SIR) in Delhi. The court said the prescribed formats of Forms 6, 7 and 8 cannot be modified and called for a simpler mechanism to help eligible voters whose enumeration forms were not submitted or received.
A bench headed by Chief Justice of India Surya Kant, comprising Justices Joymalya Bagchi and V Mohana, also questioned the need to impose an October 30 deadline for applications when no election is scheduled in the national capital in the immediate future.
"Do not set a cut-off date for the re-enrolment of names," the bench said.
Supreme Court Seeks Simpler Solution For Voters
The bench asked the Election Commission to develop a mechanism suited to the circumstances of voters who were previously registered but whose names no longer appear on the electoral rolls.
"If an individual previously on the electoral roll is no longer listed, a solution tailored to their specific situation should be found, rather than categorising them as a "new voter", the bench said.
The court emphasised that such individuals should not automatically be treated as new voters when their names are missing from the revised rolls.
Petitioners Flag Problems With Form 6
Senior advocate Prashant Bhushan, appearing for the petitioners, submitted that numerous voters either never received their enumeration forms or could not submit them for various reasons. Those affected also include people who have shifted from one locality in Delhi to another.
Bhushan pointed out that Form 6 is meant for registering new voters, whereas Form 8 is used to update an elector's address. He argued that asking existing voters to submit Form 6 would require them to declare that they were not already enrolled on an electoral roll, despite having been registered earlier.
'The Election Commission Should Reach Out To Voters'
Chief Justice Surya Kant said the Election Commission should proactively contact voters instead of waiting for them to approach the authorities with applications.
The bench suggested that the poll panel continue accepting applications through Forms 6 and 8 and "adopt the simplest solution" to address the difficulties faced by affected voters.
The Election Commission has indicated that it is willing to extend the deadline for submitting applications.
Petitions Highlight Missing Enumeration Forms
The petitions were filed by transparency activists Anjali Bhardwaj and Amrita Johri, who raised concerns about the number of voters whose enumeration forms were not received during Delhi's SIR exercise.
According to the petitions, Delhi had approximately 1.45 crore voters when the revision began. Around 97 lakh people submitted their enumeration forms, while forms from approximately 47 lakh voters were not received.
Bhushan said the Election Commission had classified around 43 lakh voters as either 'permanently shifted' or 'absent'. Of these, approximately 31.59 lakh were categorised as 'permanently shifted', while around 11 lakh were listed as 'missing' or 'untraceable'.
Additionally, nearly two lakh voters were marked as deceased.
Bhushan argued that many people in these categories may not have received their enumeration forms or may have been unable to submit them for reasons beyond their control. The petitioners have sought measures to ensure that eligible voters are not excluded from the electoral rolls due to such difficulties.
