SC To Hear Delhi SIR Form 6 Row on Nov. 19
The poll panel said filing Form 6 would not, by itself, constitute a false declaration merely because the applicant had previously been enrolled or had voted.
New Delhi: The Supreme Court on Wednesday said it would hear on November 19 objections to the Election Commission's clarification allowing voters omitted from Delhi's draft electoral rolls to seek inclusion through Form 6 during the special intensive revision (SIR).
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana asked petitioners Anjali Bharadwaj and Amrita Johri to file an application placing the EC's November 3 clarification on record.
The CJI indicated that the court could consider directing the poll panel to extend the deadline, if necessary.
Advocate Prashant Bhushan, appearing for the petitioners, submitted that the clarification appeared contrary to the court's observations during the October 28 hearing.
He argued that voters whose names had figured in earlier electoral rolls but were omitted during the SIR should be allowed to seek restoration through Form 8 or enumeration forms rather than being required to apply afresh through Form 6.
In its November 3 communication to chief electoral officers, the EC clarified that electors omitted from draft rolls could submit Form 6 for inclusion in the final rolls, irrespective of whether they had been enrolled previously.
The poll panel said filing Form 6 would not, by itself, constitute a false declaration merely because the applicant had previously been enrolled or had voted.
It also clarified that such applicants would not face action under Section 31 of the Representation of the People Act, 1950, provided they were not already enrolled elsewhere and their declarations otherwise complied with the law.
During the October 28 hearing, the Supreme Court expressed concern over the omission of approximately 47 lakh names from Delhi's draft electoral rolls, compared with a pre-revision electorate of about 1.45 crore.
The court had asked the EC to devise a mechanism to contact affected voters and facilitate their inclusion.
The petitioners have sought publication of the names of electors issued notices during the SIR, along with the specific reasons for issuing them.