NEW DELHI: The Supreme Court on Wednesday said it will hear the arguments on November 19 regarding the Election Commission's new system requiring voters whose names were removed from the draft voter list during Delhi's Special Intensive Revision (SIR) to fill out Form-6 to get re-enrolled.
The court has directed the petitioners to file an appropriate application to bring the Election Commission's November 3 clarification on record. Chief Justice Surya Kant also indicated that, if necessary, the Commission could be asked to consider extending the application deadline.
A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana stated that people do not need to panic as the court is hearing the matter. Advocate Prashant Bhushan, appearing for petitioners Anjali Bhardwaj and Amrita Johri, questioned the Commission's new clarification. "No need to be panic, we are hearing the matter, as it is before us," the CJI assured the petitioners.
Bhushan argued that the Election Commission's November 3 clarification appears to contradict the Supreme Court's October 28 observations.
He contended that individuals previously included in the voter list but removed during the SIR should be given the option to restore their names through Form-8 or an enumeration form, rather than being forced to fill out Form-6 like a new voter. Form-6 is generally used for registering in the voter list for the first time. On the other hand, Form-8 is used for circumstances such as correcting names, addresses, or other details, as well as for transfers in the voter list.
In its November 3 clarification sent to the Chief Electoral Officers of the states, the Election Commission stated that if a person's name is missing from the draft voter list, they can apply to include their name in the final voter list via Form-6.
This rule will also apply to those whose names were previously on the voter list and who had voted in past elections. The Commission clarified that simply because a person's name was previously on the list and they have now filled out Form-6, no case of false declaration will be registered against them under Section 31 of the Representation of the People Act, 1950.
However, this exemption will only apply if their name is not already registered in the voter list of any other Lok Sabha or Assembly constituency and their application complies with the law.
On October 28, the apex court had observed that the right to vote is highly significant and cannot be terminated merely because a voter was absent. The court had asked the Election Commission to find a way to reach out to the nearly 47 lakh voters removed from the draft list. Delhi had around 1.45 crore voters before the SIR. The bench had questioned the Commission on why already registered voters were being asked to fill out Form-6, which is meant for new voters. The court will now hear the Commission's new clarification and the voters' concerns on November 19.
