Full Breakdown
Supreme Court and Delhi High Court Address Voter Deletion Anomaly in SIR Process
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Core Issue: Forced Use of Form 6 for Deleted Voters
During the Special Intensive Revision (SIR) of Delhi’s electoral roll, roughly 47.56 lakh voters were removed from the draft list and instructed to file Form 6, which requires a declaration that the applicant is seeking inclusion for the first time. This creates a legal inconsistency for voters who had previously been enrolled and cast ballots, exposing them to potential prosecution under Section 31 of the Representation of the People Act, 1950.
Background & Context
SIR is a nationwide exercise to clean electoral rolls. In Delhi, the draft roll published on August 31 2026 listed 1,45,10,299 electors. Of these, 97.53 lakh submitted enumeration forms, while 47.56 lakh were classified as “Absent, Shifted, Dead or Duplicate” (ASDD) and omitted. The Election Commission of India (ECI) extended the claim-filing window from September 30 to October 30. Under the Registration of Electors Rules 1960, Form 6 is the only mechanism for “first-time” applicants, while Form 8 is intended for correcting existing entries.
Timeline of Judicial Interventions
| Date | Event |
|---|---|
| September 22 | Supreme Court questioned the ECI’s notice-issuing process for SIR. |
| October 14 | Bench of CJI Surya Kant and Justice Bagchi heard the petition and noted the deadline issue. |
| October 28 (scheduled) | Chief Justice advanced the hearing date; Court signaled an order to resolve the Form 6 anomaly. |
| October 30 (scheduled) | Final date for filing claims and objections under the current SIR draft. |
| November 4 2026 (scheduled) | Publication of the final electoral roll. |
Data & Statistics
- Total electors before SIR: 1,45,10,299 (draft roll, August 31 2026).
- Electors excluded as ASDD: 47.56 lakh (? 32.78 % of the pre-SIR electorate).
- Deadline for claim filing: October 30 (extended from September 30).
Official Statements & Responses
The bench led by Chief Justice Surya Kant indicated readiness to issue an order addressing the “anomaly” of requiring deleted voters to declare themselves as first-time applicants. Justice Joymalya Bagchi echoed the need for a remedy. The petition argued that the ECI should permit use of Form 8 for shifted voters or create a new form tailored to SIR deletions.
Criticism & Opposition
Advocate Prashant Bhushan contended that the mandatory Form 6 declaration is factually incorrect for voters previously on the roll. He urged the Court to direct the ECI to allow affected voters to file Form 8 or devise an alternative mechanism, warning that the current requirement could expose them to false-declaration penalties.
Verbatim Quotes
- “We are thinking of passing an order that will take care of it (the anomaly).” — Justice Joymalya Bagchi
- “We are thinking of passing an order that may resolve your concerns,” — CJI Kant
What’s Next
The Supreme Court is expected to issue an order on October 28 that may modify the re-enrollment procedure. The final Delhi electoral roll is slated for publication on November 4 2026. Pending judicial clarification, affected voters must decide whether to submit Form 6 before the October 30 deadline or await a potential alternative mechanism.