Don't thrust everything on courts: Delhi HC on PIL over alleged exclusion of homeless, displaced persons in SIR

The Delhi High Court on Wednesday said it was for the Election Commission of India (ECI) to evolve an appropriate mechanism to address the concerns regarding the alleged exclusion of homeless and displaced persons from the electoral roll amid its ongoing Special Intensive Revision (SIR).

A Division Bench of Chief Justice (CJ) Devendra Kumar Upadhyaya and Justice Tejas Karia, asked the petitioner, who sought directions to the ECI to ensure that such persons are not excluded from the electoral rolls, to place suggestions on the issue before the poll body.

“Don’t ask us to adjudicate these issues. It’s 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’s not that we are not concerned,” said the Court.

The Court was hearing a public interest litigation (PIL) filed by one Indu Prakash Singh, seeking directions to the ECI to take steps to ensure that displaced and homeless persons are not excluded from the electoral rolls during the SIR exercise.

The petitioner argued that the ECI had itself identified the issue of homeless persons in its June 30 instructions, but had not evolved any mechanism to address their inclusion.

The petitioner also pointed to large-scale demolitions in Delhi in 2023. They noted that persons displaced by such demolitions would no longer be found at their earlier residential addresses and could instead be living elsewhere or on the streets.

“They can't be disenfranchised,” Senior Advocate Satyakam, appearing for the petitioner, said.

The ECI, however, told the Court that internal displacement was a recognised concern and that it had been addressing the issue. It submitted that homelessness had been a concern for the poll body “since inception."

Additionally, the ECI contended that the petitioner had not brought before the Court any concrete instance of a person being excluded from the current SIR on account of homelessness.

The petitioner, however, maintained that the ECI had done nothing for homeless and displaced persons.

The Court then questioned the petitioner on the basis for their apprehensions, pointing out that the ECI already had a policy and standard operating procedure (SOP) for dealing with such cases.

“You have to point out particular individuals [who] have been left out from this exercise. Only then can we [assess] the difficulty. Everything is based on whatever perception you have or anyone filing the writ petition has,” observed the Court.

It further questioned whether the Court could monitor the implementation of the ECI's policy and SOP on the inclusion of homeless persons.

The Court also asked the petitioner to produce empirical data and concrete figures, including the names and numbers of persons allegedly excluded from the SIR exercise.

When the petitioner referred to 650 people allegedly being left out in the last election and claimed that around three lakh people had been displaced in Delhi in earlier years, the Court asked whether the petitioner had a list of names to substantiate such claims.

The petitioner once again reiterated that there was no policy specifically dealing with persons displaced from their homes.

After hearing the arguments for some time, the Bench said it would pass appropriate directions in the matter.