Supreme Court Petition Challenges ECI's Form 6 Requirement for Voter Re-inclusion
A legal challenge has been filed against the Election Commission's directive requiring deleted voters to fill Form 6 for re-inclusion in the electoral roll.
47,56,722 voters were excluded from the electoral roll during the SIR process in Delhi.
The petition argues that requiring Form 6 for previously enrolled voters is legally flawed.
The additional Declaration Form mandated by ECI is claimed to lack statutory authority.
A petition has been submitted to the Supreme Court contesting the Election Commission of India's (ECI) directive that mandates voters, whose names were removed during the Special Intensive Revision (SIR) in Delhi, to complete Form 6 for re-inclusion on the electoral list. Activists Anjali Bhardwaj and Amrita Johri filed the plea, represented by Advocates Prashant Bhushan and Neha Rathi, highlighting procedural inconsistencies in the SIR process.
The SIR exercise led to the exclusion of 47,56,722 voters, accounting for 32.78% of the electorate prior to the revision. The petitioners emphasize that Form 6 requires applicants to declare they are seeking inclusion for the first time, which is inaccurate for those previously registered. They argue this creates a significant legal anomaly, as these voters are now compelled to make a declaration that contradicts their actual status.
Furthermore, the petition points out that the requirement for Form 6 subjects these voters to potential penalties under Section 31 of the Representation of the People Act, 1950, which penalizes false declarations. The activists contend that it is unreasonable to expect previously enrolled voters to assert they are applying for the first time when seeking to restore their names.
The petition also criticizes the additional Declaration Form introduced by the ECI as part of the SIR guidelines, asserting it lacks legal backing and should be invalidated. The guidelines were modified multiple times without adhering to the necessary legislative procedures, raising questions about their legitimacy.
Looking ahead, the petitioners seek a judicial directive for a more appropriate process for restoring names to the electoral roll, ensuring that previously registered voters are not subjected to misleading declarations. They call for the ECI to establish a consistent procedure for voter inclusion that does not impose differing requirements based on the SIR status, thereby safeguarding the rights of existing electors.
