The Supreme Court has announced it will examine concerns regarding the use of Form 6 for voter enrolment in Delhi on November 19. This follows a clarification issued by the Election Commission, which allows voters omitted from the draft electoral rolls to apply for fresh enrolment during the special intensive revision of these rolls. The announcement was made on Wednesday, as reported by the Press Trust of India.

A bench consisting of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana indicated that the court is taking the matter seriously and urged the petitioners, Anjali Bharadwaj and Amrita Johri, to submit an application that includes the Election Commission’s clarification dated November 3. The Chief Justice also suggested that the court might consider requesting an extension of the enrolment deadline if deemed necessary.

Petitioners Raise Concerns Over Clarification

Advocate Prashant Bhushan, representing the petitioners, highlighted that the November 3 clarification seemed to contradict the Supreme Court’s earlier observations made during a hearing on October 28. At that time, the court questioned the rationale behind requiring previously enrolled voters to reapply via Form 6.

Bhushan argued that voters whose names had appeared in the 2026 electoral rolls but were subsequently omitted should be permitted to restore their names using Form 8 or the enumeration form, rather than being compelled to register as new voters. The Election Commission’s communication specified that voters whose names were absent from the draft electoral roll could submit Form 6 for inclusion in the final roll, irrespective of their previous enrolment status.

It clarified that such submissions would not constitute a false declaration, even if the applicant had participated in past elections. Furthermore, the Commission stated that no actions under Section 31 of the Representation of the People Act, 1950, would be initiated solely based on a previous enrolment that was later omitted.

The Election Commission also referenced the Delhi High Court’s ruling in the case of Nilotpal Datta v. Election Commission, which reassured voters that they would not face legal repercussions for a false declaration merely due to prior enrolment or voting.

Supreme Court’s Emphasis on Voter Rights

During the October 28 hearing, the Supreme Court underscored the importance of the right to vote, asserting that it should not be forfeited even if a voter is absent. The court directed the Election Commission to develop a strategy to reach out to approximately 47 lakh of Delhi’s 1.45 crore voters whose names were removed from the draft voter list during the revision process.

The court questioned the necessity for previously enrolled voters to submit Form 6, which is intended for first-time voters, and advised against imposing a deadline for submissions. The Chief Justice suggested that the Election Commission should facilitate communication with the omitted voters and encouraged the publication of a list identifying these individuals. He also recommended that voters reach out to the nearest Booth Level Officer (BLO) to complete Form 8.

The Election Commission responded by stating that it would consider accepting late enumeration forms and might extend the October 30 deadline if required. The petition filed by the advocates sought to compel the Election Commission to publish a list of voters who received notices during the revision of Delhi’s electoral rolls, along with the specific reasons for each notice. Bhushan indicated that around 47 lakh voters were omitted from the draft rolls, which originally encompassed about 1.45 crore electors before the revision.

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