HC: Fear of false declaration for using new voter registration form after SIR exclusion is misplaced

The Delhi High Court addressed voters who feared that using Form 6 would amount to a false declaration. The court said that concern was misplaced because the Election Commission had directed eligible people excluded during the special intensive revision to use that form to restore their names. The ruling came while closing a petition by two Delhi residents.

Their names had been deleted from the draft roll after they could not complete the SIR enumeration process following a move. They argued that Form 6 was for first-time voters and that using it would falsely describe their status. The Election Commission nevertheless told the court they could seek restoration through Form 6.

The decision clarified the immediate legal concern, but the wider dispute remains significant. The poll panel had chosen Form 6 instead of Form 8, which normally handles corrections or changes of residence. The court therefore treated compliance with the Commission’s direction as not, by itself, a false declaration.

Form 6 is the application normally used by a person seeking first-time inclusion in an electoral roll. It is designed for new voter registration. Form 8 serves existing electors who need to correct details or shift their entry after changing residence.

The distinction became controversial during Delhi’s special intensive revision. Some existing voters were left out of the draft roll after failing to complete the enumeration process. The Election Commission directed them to seek fresh inclusion through Form 6, rather than use Form 8 to move or correct their existing entries.

Two petitioners challenged that approach after their names were deleted following a change of residence. They argued that Form 6 could require a false declaration because they were not first-time voters. The High Court said that fear was misplaced because the Commission itself had directed the use of Form 6. The case shows how a form’s normal purpose can differ from an authority’s prescribed remedy.

The Special Intensive Revision, or SIR, is an exercise to review and update electoral rolls. It matters because names can be retained, questioned, or left out during the process. The article says Delhi’s SIR began in June 2025 and has faced concerns about genuine voters losing their voting rights.

Two petitioners were excluded after they could not complete the enumeration process because they had changed residence. More broadly, 33 lakh people received notices after being flagged either because they were not linked to the electoral roll from the previous SIR or because their enumeration forms contained a “logical discrepancy.”

Delhi’s draft roll contained 97.5 lakh voters after 47.7 lakh names were removed from the list published on August 31. Authorities were to complete verification by October 29 and publish final rolls on November 4. The Election Commission also directed a re-enrolment exercise for eligible voters wrongly excluded.

The draft electoral rolls for Delhi contained 97.5 lakh voters after 47.7 lakh names were removed from the list published on August 31. This made the scale of the revision a central part of the controversy surrounding the SIR.

Among the remaining voters, 33 lakh people were issued notices. They had been flagged for one of two stated reasons: they were not linked to the electoral roll from the last SIR, or their enumeration forms contained a “logical discrepancy.” These notices began a verification process rather than automatically establishing that the voters were ineligible.

The verification of these cases was scheduled to finish by October 29. The final electoral rolls were scheduled for publication on November 4. Delhi’s chief electoral officer also ordered a special re-verification drive to restore eligible voters who had been left out of the draft roll, following directions from the Election Commission.

An eligible voter who was wrongly left out can seek restoration through Form 6. The Election Commission directed poll panels in states where the revision was completed to use this process to re-enrol eligible voters who may have been excluded by mistake.

In Delhi, the chief electoral officer ordered a special re-verification drive. The process is especially relevant for people whose names disappeared after the SIR, including voters who could not complete enumeration because they had changed residence. The Commission told the two petitioners in the High Court that they could seek restoration through Form 6.

People flagged for possible problems were to undergo verification. Delhi officials set October 29 as the deadline for completing verification, with final electoral rolls scheduled for November 4. Form 8 would normally address a residence shift or correction in an existing entry, but the Commission’s specific direction in this exercise was to use Form 6.

The Election Commission manages electoral-roll revisions and directs procedures for inclusion, verification, and restoration. In this case, it instructed poll panels to re-enrol eligible voters wrongly excluded during the SIR and told the High Court that the petitioners could use Form 6.

The courts review whether those actions comply with the law. The Delhi High Court closed the petition after finding that the fear of a false declaration was misplaced. The Supreme Court had earlier upheld the legality of the SIR, but added an important limit: that decision did not allow the Election Commission to decide whether someone is an Indian citizen.

This division matters because a voter-list review can affect access to elections without giving the poll panel authority over citizenship status. The article also records concerns that exclusions could deny genuine electors their voting rights. Verification and final-roll decisions therefore remain subject to legal scrutiny and scheduled administrative processes.

Inclusion in an electoral roll is essential because the roll identifies people eligible to participate in elections. If an eligible person’s name is missing, that person may be unable to exercise the right to vote. The SIR therefore matters beyond paperwork: it can determine who is able to take part in an election.

Delhi’s draft roll illustrates the mechanism. After the revision, 47.7 lakh names were removed from the list published on August 31. Some people were excluded after failing to complete enumeration, including the two petitioners who had changed residence. Others were flagged for missing links to the previous SIR roll or logical discrepancies.

The article reports concerns that the exercise could deny genuine electors their rights and shape election outcomes. A special re-verification drive and Form 6 applications are intended to restore eligible voters. Verification was due by October 29, with final rolls scheduled for November 4.