New Delhi: The Delhi High Court on Wednesday observed that it is for the Election Commission of India (ECI), and not the court, to devise a mechanism to ensure the inclusion of homeless persons and those displaced by demolition drives in the ongoing Special Intensive Revision (SIR) of electoral rolls in the national capital.
“Do not ask us to adjudicate these issues. It is for them (ECI) to evolve a mechanism about how to evolve a more appropriate way to conduct this exercise. Please make these suggestions to them. Everything should not be thrust upon the courts. It is not that we are not concerned,” a bench of chief justice DK Upadhyaya and justice Tejas Karia said.
The observations came as the court said it would pass orders on a petition filed by one Indu Prakash, seeking directions to the ECI to ensure that homeless persons and those displaced by demolition drives are not excluded from the electoral rolls.
In his petition, Prakash contended that following the demolition of one of the jhuggi jhopri clusters situated near DPS Mathura Road, several residents who had previously been enrolled as electors were excluded from the electoral roll prepared for the 2025 Delhi assembly polls.
It said that “such a failure, solely on account of state-led demolition drives, was violative of the constitutional right” of every adult citizen to participate in the elections.
{{/usCountry}}It said that “such a failure, solely on account of state-led demolition drives, was violative of the constitutional right” of every adult citizen to participate in the elections.
{{/usCountry}}The petition added that while the ECI had identified the issue of homeless persons, it had failed to put in place a mechanism to ensure their inclusion in the rolls and SIR could not be implemented in a manner that excludes the eligible electors from the roll.
ECI’s counsel submitted that internal displacement was a recognised concern and that the poll panel was taking steps to address the issue. The counsel said the ECI had acknowledged the issue since its “inception.”