ECI still insisting on Form 6 for excluded voters in Delhi SIR, petitioners make urgent mentioning in Supreme Court
On October 28, the Supreme Court made it clear that the ECI was in “error” to force pre-existing voters, deleted from the electoral rolls, to apply as new voters under Form 6 of the Registration of Electors Rules, 1960
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Context
The is hearing a petition regarding the 's insistence that voters in Delhi whose names were deleted during a Special Intensive Revision (SIR) must use Form 6 to re-register. Petitioners argue this is legally problematic as Form 6 is meant for new voters, and falsely declaring oneself a new voter is a punishable offense under the . The Court has indicated the ECI is in error and suggested the use of Form 8 for these voters.
UPSC Perspectives
Polity
This issue highlights the critical role of the (ECI), an independent constitutional body established under , in managing electoral rolls. The preparation and revision of electoral rolls are governed by the and the . The core conflict here is the ECI's administrative procedure (requiring Form 6) conflicting with the legal reality of the voters' status. Form 6 is explicitly for first-time voters or voters shifting constituencies, requiring a declaration that they have not been enrolled elsewhere. Form 8, conversely, is for corrections or changes in existing electoral roll entries. Forcing previously enrolled (but wrongly deleted) voters to use Form 6 compels them to make a false declaration, which is an offense under Section 31 of the . This situation demonstrates the tension between administrative convenience (the ECI's chosen method) and legal adherence (the risk of perjury for the voter).
Governance
The controversy surrounding the Special Intensive Revision (SIR) and the 'Absent, Shifted, Dead or Duplicate' (ASDD) categories underscores the governance challenges in maintaining accurate electoral databases. While purging invalid entries is necessary for electoral integrity, arbitrary or erroneous deletions infringe upon the fundamental right to vote, derived from (universal adult suffrage). The burden of proof in this scenario seems to have shifted onto the citizen to rectify an error potentially made by the state machinery. The 's intervention illustrates its role in safeguarding citizens against administrative overreach and ensuring that the procedural rules set by the do not place undue hardship or legal risk on the electorate. The extension of deadlines for claims and objections is a crucial governance mechanism to ensure no eligible voter is disenfranchised due to systemic errors.
Judiciary
The 's handling of this case exemplifies its power of judicial review over the actions of constitutional bodies like the . The Court's oral observation that the ECI was in 'error' signals judicial scrutiny of administrative procedures that may violate legal frameworks. This case can be viewed through the lens of constitutional torts and administrative law, where citizens seek judicial remedy against state actions that compel them to break the law (making a false declaration). The Chief Justice's assurance that voters need not fear prosecution while the Court is seized of the matter provides crucial legal protection, acting as a temporary injunction against potential punitive action by the state. This highlights the judiciary's proactive role in protecting electoral rights and ensuring that procedural rules align with statutory laws.