Delhi High Court disposes of plea by two voters deleted from rolls

The two voters said they were not able to fill their enumeration forms because they had shifted out of their old addresses.

The Delhi High Court disposed of a petition filed by two voters whose names were deleted from the electoral rolls after they could not complete the enumeration process during ongoing the Special Intensive Revision (SIR) in the Capital, terming their apprehension of being accused of making a false declaration while submitting Form 6 as “misplaced”.

Form 6 is the statutory application for fresh inclusion in the electoral roll. It requires an applicant to fill in their personal particulars. (HT Archive)

Dismissing the petition, a bench of justices Dinesh Mehta and Aditi Chaudhary, in an October 14 order, said that given that the “suggestion is coming from the learned standing counsel appearing for ECI, that too as per the instructions of the Electoral Registration Officer”, the petitioner’s “apprehension is…misplaced”.

Form 6 is the statutory application for fresh inclusion in the electoral roll. It requires an applicant to fill in their personal particulars. However, applicants are also required to affirm that they are applying for inclusion in the electoral roll for the first time. It further brings to the applicant’s attention that giving a false declaration can attract penal consequences.

Petitioners ask for Form 8 instead

In their petition, the two voters said they were not able to fill their enumeration forms because they had shifted out of their old addresses.

They urged the court to direct the ECI to revise the procedure for existing voters who could not complete enumeration, to be able to restore their names in the electoral rolls through Form 8, required for those who want to update their voter ID or electoral roll details, instead of through fresh entries using Form 6.

ECI’s lawyer, Sanjay Vashishtha, submitted that the petitioners’ grievances could be addressed if they filled out Form 6, as prescribed under the Registration of Electors Rules, 1960.

The voter argued that submitting Form 6 would amount to making a false declaration.

Taking note of ECI’s stand, the court said, in its order, “With these observations, the writ proceedings are closed. Petitioners, if so desired, may fill Form 6, which shall be processed in accordance with law.”

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