Supreme Court: ECI Form 6 Query for Delhi Voters Excluded From Rolls

• The Supreme Court questioned the Election Commission of India's requirement for previously enrolled Delhi voters to submit Form 6 for re-registration.
• Form 6 is intended for first-time voter registration, while Form 8 is for corrections or changes of residence.
• CJI Surya Kant and Justice Joymalya Bagchi expressed concerns that compelling existing voters to use Form 6 during Delhi's Special Intensive Revision electoral rolls is an erroneous approach.
• Justice Bagchi emphasized that the right to vote is a vital right that should not be easily removed.
• The court's query addresses a plea alleging a lack of transparency in notices issued to voters during the revision process.

Justice Joymalya Bagchi concurred with this assessment, suggesting that compelling an already enrolled person to submit Form 6 might represent an erroneous approach by the Election Commission.

The Supreme Court has directly challenged the Election Commission of India's directive requiring previously enrolled voters in Delhi, who were excluded from the draft revised electoral rolls, to submit Form 6 for re-registration. This query arose during a hearing concerning the Special Intensive Revision (SIR) of electoral rolls in Delhi, where a plea alleged a lack of transparency in the notices issued to voters by election authorities.

A Bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana presided over the proceedings. The court specifically questioned why individuals already registered on prior voter lists, but subsequently omitted from the current draft, are being compelled to utilize a form primarily intended for first-time registrants. The core of the judicial concern centers on the procedural appropriateness of treating established voters as new applicants during this critical revision process.

CJI Surya Kant highlighted the distinct purposes of different Election Commission of India forms, noting that Form 6 is designated for individuals seeking initial enrollment. In contrast, Form 8 is designed for corrections to existing voter details or for reporting a change of residence. The Chief Justice provided an illustrative example, questioning why a voter moving from Vasant Kunj to Sarita Vihar, who could easily provide their previous polling booth, electoral roll particulars, and voter number, would be required to submit Form 6 instead of the more suitable Form 8.

Justice Joymalya Bagchi concurred with this assessment, suggesting that compelling an already enrolled person to submit Form 6 might represent an erroneous approach by the Election Commission. He further emphasized that the right to vote constitutes a vital right that must not be arbitrarily taken away. The Bench collectively underscored that the ECI's exercise in managing electoral rolls must be conducted with due diligence, respecting the established status of existing voters.

The Supreme Court's intervention carries significant implications for voters in Delhi affected by the Special Intensive Revision electoral rolls. By questioning the mandatory use of Form 6 for individuals previously listed, the court is addressing a potential barrier to re-enrolment for many citizens. This procedural requirement could inadvertently lead to voter exclusion if individuals find the process cumbersome or misinterpret the forms.

The court's query also touches upon the broader principles of electoral transparency and the protection of the right to vote in India. Ensuring that the process for voter correction and re-registration is clear, accessible, and appropriate for all categories of voters is crucial for maintaining public trust in the electoral system. The outcome of this Supreme Court ECI query could lead to revised guidelines for handling existing voters during intensive revision processes, particularly concerning the use of Form 8 for voter correction and address changes.

Lawyers advising on electoral law or representing voters in India should closely monitor the Supreme Court's query to the ECI regarding the mandatory use of Form 6 for previously enrolled voters during Delhi's Special Intensive Revision. This intervention could lead to significant procedural changes in voter re-enrolment and corrections, potentially impacting voter access and the legal avenues available for challenging electoral roll discrepancies.

Source: Reporting based on judicial proceedings.