NEW DELHI: The Supreme Court on Wednesday came down heavily on the Election Commission (EC) over the Special Intensive Revision (SIR) of electoral rolls in Delhi, saying that leaving home for work for one or two months cannot be treated as a permanent change of residence.
"Staying outside 1-2 months for work not permanent residence change. It cannot delete names of migrant workers, street vendors, daily wagers on that ground," said a bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi, as the judges asked the EC to extend deadlines and simplify the enrolment process.
The bench made the observation while hearing a petition challenging the SIR exercise in Delhi, where 47 lakh names were allegedly deleted and 33 lakh notices issued. It also clarified that Form 6 is meant only for first-time voters and that the EC cannot force previously enrolled voters in Delhi to declare that they had never been registered.
The bench said Form 6 requires applicants to declare that they have never been enrolled as voters anywhere. If voters already included in the 2026 electoral roll fill out the form, it could amount to a false declaration and expose them to prosecution. Those who have only changed their address should be allowed to use Form 8, the court said.
The court said some voters had not received enumeration forms despite being present at their residences and that a solution was needed for them. Failure to submit the forms within the deadline could result in them losing their right to vote. "You (EC) consider addressing the Delhi SIR concerns. The right to vote is vital and it cannot be forfeited even if a voter is absent," it observed.
The bench asked the EC to devise an effective mechanism to reach voters whose names had been struck off the draft electoral rolls during the ongoing SIR exercise in Delhi. It cited 47 lakh voters out of the city's 1.45 crore electorate and scheduled the next hearing for two weeks later.
The top court also questioned the poll panel's requirement that previously enrolled voters whose names were missing from the draft rolls file Form 6, which is intended for first-time enrolment, to seek their inclusion.
The petition was filed by social activists Anjali Bhardwaj and Amrita Johri, represented by advocate Prashant Bhushan and Neha Rathi.
The plea seeks disclosure of the definition, algorithmic parameters and operational guidelines governing the identification of logical discrepancies in electoral rolls.
It also challenges the requirement that voters deleted through the SIR exercise fill out Form 6 and declare themselves first-time voters, questioning the legal validity of the additional declaration and the EC's use of different procedures for voter enrolment during SIR and non-SIR periods.
