ഡൽഹി വോട്ടർ പട്ടികയിൽ നിന്ന് പേര് നീക്കം ചെയ്തവർ ഭയപ്പെടേണ്ടതില്ലെന്ന് സുപ്രീം കോടതി

The Supreme Court on Wednesday said there should be no fear among Delhi voters struck off the draft electoral roll during the Special Intensive Revision (SIR) so long as it is hearing the issue. It agreed to hear an application over the Election Commission of India (ECI) assurance that there will be no prosecution of deleted voters filling up Form 6 for inclusion in the roll with a declaration of being first-time electors.

This came after advocate Prashant Bhushan mentioned the matter in a pending petition of RTI activists Anjali Bharadwaj and Amrita Johri. Bhushan said voters are apprehensive that they may be prosecuted if they fill Form 6 despite the ECI assurance. He added that this clarification goes against the October 28 Supreme Court order in the Delhi SIR matter.

The court had directed the ECI to ensure voters who have shifted or could not enumerate during the SIR process are either allowed to fill the enumeration form or Form 8 meant for shifted voters.

On Wednesday, Chief Justice of India (CJI) Surya Kant asked, "How can they feel afraid like this when we are hearing the matter? You can file your application. The matter is already listed on November 19. We will hear it that day."

He asked Bhushan whether the ECI clarification talks about prosecution of voters under Section 31 of the Representation of the People Act, 1950, for giving a false declaration of being a first-time voter.

Bhushan said, "They say there will be no prosecution, but voters are in a dilemma. They have also extended the deadline for filing claims and objections till November 25."

The court said that, anyway, it will hear the matter on November 19, refusing to pass any urgent orders.

On Tuesday, the ECI noted that some voters are hesitant to submit Form 6 due to the declaration prescribed in Form 6 to the effect that their name is being included for the first time in the roll, as this would amount to making a false declaration and render them liable for prosecution.

The ECI assured that action will not be initiated merely on the grounds that the elector had been included in a previous electoral roll and submitted Form 6 during the SIR or afterwards. The ECI cited an October 14 Delhi high court order, where the ECI made this concession, based on which the court disposed of a petition filed by a deleted voter.

On October 28, the Supreme Court observed that the requirement for deleted voters in the draft electoral roll to fill Form 6 faces structural incongruity. It expressed reservations about allowing a voter included in the earlier roll to be asked to apply as a new voter when they were on it until May-June 2026.

The court allowed over 3.15 million voters deleted from the draft roll for being absent, shifted, dead, or duplicate to be given the option to fill Form 8. It asked the ECI to consider that, among them, about 1.17 million voters stated to be untraceable or absent, and must be allowed to submit their enumeration forms.

The court asked the ECI to reach out to the deleted voters and publish the lists in the local language in all districts and booths to facilitate such voters being added back to the roll.