Deleted voters can use Form 6 for redressal, ECI tells Delhi HC

The Election Commission of India (ECI) has informed the Delhi High Court that two voters whose names were deleted from the electoral rolls after they failed to complete the enumeration process during the Special Intensive Revision (SIR) in the national capital can submit Form 6 to seek redressal of their grievances.

A bench of Justices Dinesh Mehta and Aditi Choudhary closed the petition after taking note of the Commission's submission that the affected electors could apply for inclusion in the electoral rolls through the prescribed statutory procedure.

The court also rejected the apprehension of one of the petitioners that submitting Form 6 could expose him to allegations of making a false declaration, describing the concern as misplaced.

𝗖𝗼𝘂𝗿𝘁 𝗿𝗲𝗷𝗲𝗰𝘁𝘀 𝗮𝗽𝗽𝗿𝗲𝗵𝗲𝗻𝘀𝗶𝗼𝗻

The bench observed that the suggestion to submit Form 6 had come directly from the ECI's standing counsel on instructions from the electoral registration officer.

"Having heard the learned counsel for the parties, we are of the considered opinion that when the suggestion is coming from the learned standing counsel appearing for the ECI, that too as per the instructions of the electoral registration officer, petitioner No.1's apprehension that he would be accused of furnishing a false declaration is misplaced," the court said.

"With these observations, the writ proceedings are closed. The petitioners, if so desire, may fill Form 6, which shall be processed in accordance with law," it added.

𝗩𝗼𝘁𝗲𝗿𝘀 𝘀𝗲𝗲𝗸 𝗿𝗲𝘀𝘁𝗼𝗿𝗮𝘁𝗶𝗼𝗻

The petitioners had approached the High Court challenging the procedure prescribed by the ECI for existing voters who could not be enumerated during the SIR exercise.

They sought directions for restoration of their names in the electoral rolls and permission to use Form 8, which provides for correction of electoral entries and shifting of residence, instead of applying for fresh inclusion through Form 6.

According to the petition, both electors had shifted from their previous addresses and consequently could not complete the enumeration forms during the revision exercise. Their names were subsequently deleted from the electoral rolls.

The petitioners contended that requiring previously registered voters to submit applications for fresh inclusion raised concerns because Form 6 requires applicants to declare that they are seeking inclusion in the electoral roll for the first time.

𝗘𝗖𝗜 𝗼𝗳𝗳𝗲𝗿𝘀 𝗮𝘀𝘀𝗶𝘀𝘁𝗮𝗻𝗰𝗲

Appearing for the Commission, its counsel submitted that the petitioners could seek redressal by furnishing Form 6 under the Registration of Electors Rules, 1960.

The counsel also informed the court that the electoral registration officer was willing to extend necessary assistance to the petitioners in completing the process.

However, the ECI maintained that the petitioners had not availed themselves of the available remedy.

Form 6 is the statutory application used for inclusion of a name in the electoral roll and requires applicants to provide personal particulars and make a declaration regarding their electoral registration status.

Since furnishing a false declaration can attract penal consequences, the petitioners had expressed concern about using the form despite having previously been registered as voters.

The High Court, however, held that their apprehension was unfounded in view of the ECI's clarification and disposed of the proceedings, leaving the petitioners free to submit Form 6 for consideration in accordance with law.