The Election Commission of India (ECI) has informed the Delhi High Court that two voters whose names were deleted from the electoral rolls during the Special Intensive Revision (SIR) exercise can seek their inclusion again by submitting Form 6.
The submission came during a hearing on a petition seeking the restoration of the two applicants' names in the electoral rolls. The petitioners had challenged the procedure prescribed by the ECI for existing voters who could not complete the enumeration process during the revision exercise.
A bench comprising Justices Dinesh Mehta and Aditi Choudhary subsequently closed the proceedings, observing that one petitioner's concern about facing allegations of making a false declaration by submitting Form 6 was misplaced.
The court said the petitioners could submit Form 6 if they wished, adding that their applications would be processed in accordance with the law.
The petitioners had sought directions to restore their names to the electoral rolls and permit them to correct or shift their electoral entries through Form 8, rather than requiring them to apply for fresh inclusion through Form 6.
According to their plea, they had moved from their previous residential address and were consequently unable to submit the enumeration forms during the SIR exercise. Their names were subsequently deleted from the electoral rolls.
They challenged the procedure requiring existing electors who had missed enumeration to seek inclusion through a fresh application.
Appearing for the Election Commission, its counsel told the court that the petitioners could seek redressal by submitting Form 6 under the Registration of Electors Rules, 1960.
The counsel also submitted that the electoral registration officer was willing to assist the petitioners in completing the process. However, the petitioners had not availed themselves of the assistance offered, the ECI told the court.
The Commission's submission formed the basis for the court's decision to close the proceedings while leaving the option of applying through Form 6 open to the petitioners.
The petitioners had raised concerns about the declaration required under Form 6, which is ordinarily used to seek fresh inclusion in the electoral roll.
Applicants using the form must provide their personal details and affirm that they are applying for inclusion in the electoral roll for the first time. A false declaration can attract penal consequences.
Addressing the concern, the bench said the apprehension that submitting the form would expose the first petitioner to accusations of making a false declaration was misplaced, particularly since the suggestion had come from the ECI's standing counsel on the basis of instructions from the electoral registration officer.
The court closed the writ proceedings with the observation that the petitioners could file Form 6 if they wished, and that their applications would be dealt with in accordance with the law.