'Nobody will be prosecuted': Supreme Court over deleted voters filing Form 6

The court also issued notice to the Election Commission and scheduled the next hearing for November 5.

The Supreme Court Monday assured voters whose names were deleted during the Special Intensive Revision (SIR) of electoral rolls that they would not face prosecution for reapplying, as it sought the Election Commission's response to concerns over the process.

"Nobody will be prosecuted," Chief Justice of India Surya Kant, presiding over a three-judge bench, said while hearing a petition challenging the SIR in Maharashtra.

Appearing for the petitioner Arun Anandagiri, Senior Advocate Arvind Datar said the Election Commission of India (ECI) had asked deleted voters to submit Form 6 to register as fresh voters. Datar pointed out that Form 6 is meant for first-time voters, and therefore deleted voters filling it out may be committing an offence.

"There is no form for deleted voters, and only Form 6 is there. If I file Form 6 as an existing voter, it is an offence because I am filing a false form," Datar said, adding that the Delhi High Court had said that there will be no prosecution but that may not be enough.

"Delhi High Court says 'don't worry, they will not take prosecution'. But that is not the answer," he submitted, urging the court that there should be some new form for new voters.

Cases in Maharashtra

Datar said in Maharashtra, 33 per cent of voters had been struck off completely, and in parts of Pune and Mumbai, 40 per cent of voters were missing. He added that 1.22 crore names were deleted for logical discrepancies.

"Let them not finalise the electoral roll now because Maharashtra does not have any immediate elections. If 33 per cent of people have been deleted, it may take some time to bring them back."

Issuing notice to ECI, CJI Kant said, "You are a whistleblower. You have come to us. We will take care of the (rest)".

In response to a query from the bench, counsel pointed out that Monday, October 26, is the last date for filing claims and objections, and November 6 is the date for publishing the draft roll.

Datar requested the court to hear the matter before the draft is published, saying that "once it's finalised, it will be difficult to unscramble the whole thing."

However, the Chief Justice of India said that if the court is convinced that people still need time to submit their documents, it would issue appropriate directions.

Datar said his "apprehension is that many say objections are not received on the last date, (and so) we won't take it."

The CJI asked, "How can they say it? We have been extending the dates in all cases."

'Problem peculiar to Maharashtra'

Datar then urged the court to extend the dates for Maharashtra too. "There are a lot of redevelopment projects in Mumbai and Pune. Old housing complexes are demolished and reconstructed. So, where 1,000 people were staying, they will get fresh flats and 2,000 new people will come," he said.

"All these 1,000 people will be given accommodation in some other part of Mumbai. What they have done is they have said the person was not found and they completely deleted it. So, 3,500 redevelopment projects in Mumbai alone and about 1,500 in Pune. This is a problem peculiar to Maharashtra," Datar said.

The bench, however, expressed reluctance in passing any ex parte order.

"Can your Lordships at least say that objections received after today will also be entertained?" Datar asked.

The CJI said that it will "amount to extending the date". "We will do it after hearing them."

The court fixed November 5 to hear it next.