Supreme Court Requests ECI's Input on Maharashtra Voter Roll Challenge

The Supreme Court of India has directed the Election Commission of India (ECI) to respond to a writ petition that challenges the Special Intensive Revision (SIR) of electoral rolls in Maharashtra. This significant legal move comes as concerns rise over the deletion of nearly 33% of voters from the state's rolls, amounting to around 3 crore individuals, following the publication of draft rolls. The court, led by Chief Justice Surya Kant, did not grant immediate relief to extend deadlines for claims and objections or prevent the ECI from finalizing the voters' list, which is due on November 6.

The petitioner, Arun Anandagiri, represented by Senior Advocate Arvind P. Datar, highlighted that many voters were removed due to 'logical discrepancies.' Datar pointed out that the ECI is requiring these deleted voters to fill out Form 6, which is traditionally intended for first-time voters. He argued that this requirement is inappropriate for individuals who have previously participated in elections. Datar emphasized the unique situation in Maharashtra, where a significant portion of voters, especially in urban areas like Pune and Mumbai, have been affected by redevelopment projects, leading to their deletion from the rolls under the pretext of being 'not found.'

During the proceedings, Datar expressed concerns about the implications of requiring deleted voters to submit Form 6, as it could lead to false declarations. He referenced a recent ruling from the Delhi High Court, which reassured that no legal action would be taken against voters who reapply through Form 6. However, Datar contended that this assurance does not adequately address the issue at hand, as it does not resolve the fundamental problem of requiring previously registered voters to declare they have never voted before.

Chief Justice Kant reiterated that no prosecution would occur against those who file Form 6, but Datar insisted on the necessity of creating a new form specifically for voters who have been deleted. He also requested an extension of the deadline for claims and objections, which was set for the same day. However, the bench expressed reluctance to issue any orders without first hearing from the ECI, indicating that the court has previously allowed extensions for similar situations in other states.

The matter has been adjourned for further consideration on November 5, where the court will hear from the ECI regarding the petition's claims. This case highlights the ongoing challenges in managing electoral rolls and ensuring that all eligible voters can participate in the democratic process without unnecessary barriers.