Delhi SIR Row: SC Questions EC For Asking Deleted Voters To Fill Form 6 Despite Their Names In 2026 Rolls

The Supreme Court on Wednesday posed tough questions to the Election Commission of India, asking why the poll body issued directions to those individuals who were deleted from draft rolls for failing to fill the enumeration forms to register as new voters and fill Form 6, when they were already on the 2026 electoral list.

The top court's question stems from the fact that Form 6 is submitted by first-time voters to get their names registered in the electoral roll. The top court observed that address changes and unavailability during the Delhi Special Intensive Revision (SIR) may be the reason for many voters who failed to fill out the enumeration forms, and they should be asked to submit Form 8 instead of Form 6.

A bench comprising Chief Justice Surya Kant and Justices Joymala Bagchi and V Mohanna further noted that Form 6 was to be filed by first-time voters, in which they have to declare that they have not voted before and are registering as new voters.

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"Why cannot they be given an opportunity to fill enumeration forms or file Form 8 (to show change in address), instead of filing Form 6," the Court asked, as reported by Live Law.

The court was hearing a writ petition raising issues in the Delhi SIR process. Prashant Bhushan, appearing for the petitioners, said, "All that they can do is fill Form 8. It's for shifted voters. But EC is saying in this SIR, you can't fill Form 8, you have to fill Form 6. To be included in the draft roll. They are making people fill up a false declaration that they have not voted before." 

On top court's concerns, Senior Advocate Dama Seshadri Naidu, appearing for the ECI, assured the bench that the authorities will examine the observations and issue remedial orders. He also told the court that the ECI will consider extending the deadline for SIR in Delhi.

CJI then highlighted the highly fluctuating population in the national capital, and asked the poll body to reach out to the voters, who were deleted from the draft rolls due to failure to submit the enumeration forms.

The bench further questioned which list the ECI is considering regarding the names of the voters. "What's the understanding of the ECI as to the name in the voter list? Is it name in the 2003 list or in the latest electoral roll?" Naidu replied, "Latest list before SIR will be taken as basis (2026)."

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Calling the ECI's order asking deleted voters to fill Form 6 an "error", Justice Joymala Bagchi raised the issue of over 47 lakh names in the Absent, Shifted, Dead or Duplicate (ASDD) list and said that Form 6, Form 7 and Form 8 are "cast in stone" and cannot be changed.

"So if it is the 2026 list, and the person is not residing there, the enumeration form is not reaching him, you say he has shifted or absent. You call upon the person to file Form 6, declaring my name was never in the list. It's an error," Justice Bagchi said.

"How did you serve enumeration forms? Voters are 1.45 crore. Of which you started issuing enumeration forms from sometime 30 June. You take about 1.5 months to serve 1.45 cr. Of which 97 lakh respond. 47 lakh do not respond. This lack of response - you characterise as absent, shifted, dead or duplication. There may be a residual group who were not served," he further said.

"If they have shifted, how can you call them shifted? Maybe someone had gone outside Delhi for 1 month. He comes back, form is over. He has not really shifted. This situation - what do you do? These persons, as per your structured SIR scheme, have to go to Form 6. Why are these persons asked to give Form 6? Form 6 is for a person never in the roll. Somebody might not have shifted; they were not served the form. You have not created that structure. You look into that issue," Justice Bagchi added.

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Responding to the bench's remarks, advocate Naidu said that "suggestion to create a residual category will be considered," to deal with persons who have moved from one booth to another, adding that the poll body is "willing to give a Form for those categories, which will not be called Form 6".

CJI Surya Kant then recommended that the ECI not rush the process and extend the deadline to fill the enumeration forms. He further listed the matter after two weeks, saying that the ECI's effort should be to reduce the gap of 4 lakh deleted names.