The Election Commission of India (ECI) has told the Delhi High Court that two voters whose names were deleted from the electoral rolls after they failed to complete the enumeration process during the Special Intensive Revision (SIR) in the national capital can fill Form 6 to seek redressal.
The submission was made on behalf of the Commission before the court, which was hearing a petition seeking restoration of the two petitioners' names in the electoral rolls.
The court closed the proceedings, observing that petitioner No. 1's apprehension that filling Form 6 would expose him to accusations of making a false declaration was “misplaced”.
“Having heard the learned counsel for the parties, we are of the considered opinion that when the suggestion is coming from the learned standing counsel appearing for the ECI, that too as per the instructions of the electoral registration officer, petitioner No.1's apprehension that he would be accused of furnishing a false declaration is misplaced.
“With these observations, the writ proceedings are closed. The petitioners, if so desire, may fill Form 6, which shall be processed in accordance with law,” a bench of Justices Dinesh Mehta and Aditi Choudhary said.
The petitioners had challenged the procedure prescribed by the ECI for existing electors who could not be enumerated during the SIR exercise.
They sought directions to restore their electoral entries and allow them to correct and transpose their names through Form 8, instead of requiring them to apply for fresh inclusion through Form 6.
They said they had moved from their previous address and were consequently unable to fill in the enumeration forms, resulting in the deletion of their names from the electoral rolls.
The ECI's counsel submitted that the petitioners could seek redressal by filing Form 6 under the Registration of Electors Rules, 1960. He also said the electoral registration officer would assist them, but the petitioners had chosen not to avail themselves of that assistance for reasons best known to them.
Form 6 is the statutory application for fresh inclusion in the electoral roll and requires applicants to provide their personal particulars.
Applicants must also affirm that they are applying for inclusion in the electoral roll for the first time. A false declaration can attract penal consequences.
(With inputs from PTI)