'Election Commission Can't Modify Forms 6, 7 And 8': Supreme Court During Delhi SIR Hearing

The Election Commission cannot alter Forms 6, 7, and 8, the Supreme Court said today while hearing a bunch of petitions on the Special Intensive Revision of voters in Delhi, questioning why individuals who were already on electoral rolls are being asked to fill out Form 6 to have their names re-enrolled. Form 6 is intended for new voters.

A bench led by Chief Justice of India Surya Kant said Forms 6, 7, and 8 are prescribed formats and cannot be altered. 

The bench, which also included Justices Joymalya Bagchi and V Mohana, also questioned why the Commission is insisting on giving a deadline of October 30 when no election is due in the national capital in the near future. "Do not set a cut-off date for the re-enrolment of names," the bench said.

The judges have asked the Election Commission to devise a simpler solution for voters who, for various reasons, were unable to submit their enumeration forms. "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.

Representing the petitioners, senior advocate Prashant Bhushan argued that a large number of voters either did not receive the enrolment forms or were unable to submit them for various reasons. This includes individuals who may have relocated from one part of Delhi to another.

Form-8 is intended for address changes, while Form-6 is for the registration of new voters. Consequently, it is unreasonable to compel existing voters to declare - via Form-6 - that they were not previously included in any electoral roll, he said.

'The Election Commission Should Reach Out To Voters'

The Chief Justice remarked that the Election Commission should not merely wait for voters to submit applications. Instead, it should make efforts to reach out to them directly. The Commission should continue the process of accepting applications via Form 6 and Form 8, urging them to "adopt the simplest solution," he suggested.

The Commission has indicated its willingness to extend the deadline for the submission of applications.

The Petitions 

The petitions filed by transparency activists Anjali Bhardwaj and Amrita Johri argued that when the SIR process started in Delhi, the total number of voters was approximately 1.45 crore. Of these, about 9.7 million (97 lakh) individuals submitted their enumeration forms, while forms from approximately 47 lakh people were not received.

Bhushan said according to the Election Commission, approximately 43 lakh voters have been categorised as either 'permanently shifted' or 'absent.' Within this group, around 31.59 lakh voters are marked as 'permanently shifted,' while approximately 11 lakh are classified as 'missing' or 'untraceable'. Additionally, around 2 lakh voters have been marked as deceased.

He argued that a significant number of these individuals might be people who never received an enumeration form, or who were unable to submit one for various reasons.