The Delhi High Court has said that voters whose names were deleted from electoral rolls after they failed to submit enumeration forms during the Special Intensive Revision (SIR) can seek inclusion through Form 6. The court dismissed concerns that doing so would amount to making a "false declaration".
In an order dated October 14, a Division Bench of Justices Dinesh Mehta and Aditi Choudhary closed proceedings in a petition challenging the Election Commission of India's (ECI's) procedure for voters who could not be enumerated during the SIR.
The petitioners, Nilotpal Datta and another person, had approached the court after their names were deleted from the electoral rolls. According to the order, they could not fill in the enumeration forms because they had shifted from their previous address.
The petitioners argued that existing voters whose names were deleted during the revision should be allowed to restore and transfer their electoral entries through Form 8, rather than being required to apply for fresh inclusion through Form 6.
What are Form 6 and Form 8?
Form 6 is an application used to include a person's name in the electoral roll. It is primarily meant for new voters, including those registering for the first time after turning 18. Form 8 is used by existing voters to change their residential address, correct electoral details or replace their voter identity cards.
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What happened during the court hearing?
During the hearing, the poll panel's standing counsel Sanjay Vashishtha submitted that the petitioners' grievances could be addressed if they submitted Form 6 under the Registration of Electors Rules, 1960.
He told the court that he had requested the first petitioner during an earlier hearing to fill in the form and had assured him that the Electoral Registration Officer (ERO) would provide assistance.
However, the petitioners had not submitted the form, he said.
Appearing in person, the first petitioner argued that furnishing Form 6 would amount to making a false declaration.
The court rejected this apprehension, observing that the suggestion to submit Form 6 had come from the ECI's standing counsel on the instructions of the ERO.
The Bench held that the petitioner's concern that he might be accused of furnishing a false declaration was misplaced.
What petitioners challenged in the SIR process
The petitioners had challenged Paragraph 4(c) of Annexure B to the ECI's June 24, 2025, order, which was made applicable to Delhi through a letter dated May 14, 2026.
They sought to have the provision quashed, arguing that it was contrary to the Representation of the People Act, 1950, the Registration of Electors Rules, 1960, and fundamental rights guaranteed under the Constitution.
They also sought directions requiring the ECI to revise the procedure applicable to existing voters who could not be enumerated during the SIR.
According to their plea, such voters should be allowed to use the statutory procedure for correcting and transferring existing electoral entries, including through Form 8, instead of being required to seek fresh inclusion through Form 6.
The petitioners further sought restoration of their names to the electoral rolls under Rule 21 of the Registration of Electors Rules, 1960.
They requested that their applications for shifting residence through Form 8 be processed and that their electoral entries be transferred to the relevant electoral roll corresponding to their current place of ordinary residence.
After hearing both sides, the high court accepted the ECI counsel's submission that the petitioners could submit Form 6 to seek redressal of their grievance.