The Supreme Court on Wednesday asked the Election Commission of India (ECI) why voters enrolled in earlier voter lists but left out from the draft of the revised voter list being prepared as part of the Special Intensive Revision (SIR) of electoral rolls in Delhi, are being compelled to submit Form 6 meant to for the registration of first-time voters.

A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana was hearing a plea alleging lack of transparency in notices issued to voters by election authorities in Delhi during SIR.

“Form 6 is for someone seeking enrolment for the first time. Form 8 is for the correction or shifting of residence. Suppose a person was enrolled in Vasant Kunj and has now shifted to Sarita Vihar. That person can disclose the earlier polling booth, electoral roll particulars and voter number, and provide the new address. Why should that person be required to submit Form 6?” CJI Kant asked the ECI today. 

Justice Bagchi also agreed that issuing Form 6 to a person already enrolled in an earlier voter list may be an erroneous approach. 

“Why should someone who was already enrolled in the electoral roll be required to submit Form 6? Form 6 is meant for someone seeking enrolment for the first time,” the Bench added. 

Justice Bagchi went on to observe that the right to vote is a crucial right that cannot be taken away lightly. 

“The right to vote is a vital right. Your (ECI) exercise must be conducted with due diligence. Suppose a voter was lax and did not respond. Does that mean he forfeits his right forever? A voter may have been unable to respond for various reasons. His name is now missing from the draft roll. He approaches the authorities with his documents, but you insist that he submit Form 6... How does he submit Form 6 when he was already enrolled? There is a structural incongruity which needs to be addressed,” said Justice Bagchi.

The Court further suggested that it is not sufficient to classify excluded voters under the categories of either shifted or absent.

A residual category could be introduced for voters who fail to submit the SIR enumeration form for other reasons, it said. 

“There may be a residual category of electors who could not respond because the form was not served or for other reasons. Such a person could be permitted to explain the reason for non-response and furnish the necessary documents ... If the authorities are satisfied, his name can be included. If they are not satisfied, they can give reasons, which he can challenge,” the Court said.

The petitioner’s counsel, advocate Prashant Bhushan, told the Court that approximately 43 lakh people have been excluded from the draft voter list on the ground that they had either shifted residence or were absent. Such voters were not added because they failed to submit enumeration forms. 

Bhushan added that many such voters have claimed that they were unaware that they had to submit these forms. Enumeration forms were sent to outdated addresses, he claimed. He added that these voters were also enrolled in previous voter lists. 

Despite this, they were now being asked to submit Form 6 if they wished to be included in the revised voter rolls, Bhushan said. 

Bhushan argued that compelling such voters to submit Form 6 will amount to forcing them to make a false declaration that they have never voted till now.

“There is a very simple solution. Allow people who could not submit enumeration forms earlier to submit them even now. Those who have shifted should be permitted to submit an enumeration form along with Form 8. Form 8 is meant for shifted voters. Form 6 is meant for new voters. These are not new voters,” he added. 

Representing the ECI, Senior Advocate Dama Seshadri Naidu replied that the SIR is an evolving process and assured that steps are being taken to address the concerns raised by the petitioner. 

“There is no question of permanent exclusion. Even after publication of the final roll, an elector can approach the authorities and seek inclusion. Applications can be made until the relevant nomination deadline. The SIR is being conducted after more than two decades. We have been evolving methods, including from our experience in Bihar, to ensure that no eligible voter is excluded,” he said. 

On the mandate issued to excluded voters to submit Form 6, he added,

“When we say first-time inclusion, we mean inclusion afresh in the roll prepared through the SIR exercise. It is a clean-slate exercise. No prosecution has arisen merely because someone used Form 6 in this process.”

The Court, meanwhile, questioned why the ECI could not simply allow those who failed to submit enumeration forms on time to send in the same belatedly, instead of asking them to submit Form 6 or any other form.

Such an option could be made available until the final voter list is published, the Court suggested. 

“You have prescribed a cutoff date. Beyond that date, you say the enumeration form cannot be accepted because the draft roll has been published. But until the final roll is prepared, why should an elector who was previously registered be required to submit Form 6? Why can't the enumeration form itself be accepted? … Why should the same form become unacceptable merely because the deadline has passed? You can accept it belatedly and remove the entire difficulty,” the Court said. 

The Court also urged the ECI to widely publicise the ongoing SIR exercise in simple language, to reduce the number of excluded voters. It said that the list of excluded voters must also be published widely, so that they can take remedial steps.

“Make sure the lists are published in the simplest possible language. Inform people that their names appeared in the earlier electoral roll, but the authorities have not been able to contact them or receive their enumeration forms. Explain the consequences if they do not respond. Tell them that wherever they are presently residing, they can approach the nearest electoral authority and submit their forms,” the CJI said. 

The Court said it would hear the case next after two weeks. 

Bhushan, meanwhile, pointed out that the deadline for excluded voters to submit Form 6 falls on October 30. 

“These two weeks will take us beyond that deadline,” he said. 

Naidu, in turn, assured that the deadline will be extended if necessary.

“We will not allow the purpose of the exercise to be defeated. If necessary, we will extend the deadline. We will ensure that,” he said. 

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