The Supreme Court on Wednesday indicated that it would pass an order to address concerns over the use of Form 6 for restoring the names of previously registered voters excluded from Delhi’s draft electoral roll during the Special Intensive Revision (SIR) exercise. The application was mentioned before the bench of Chief Justice Surya Kant and Justice Joymalya Bagchi.
Advocate Prashant Bhushan sought an hearing of an interlocutory application in the Delhi SIR matter, pointing out that the main case was listed for October 30, which is also the last date for filing claims and objections to deletions from the draft electoral roll. He requested the Court to take up the application before the deadline so that appropriate directions could be issued in time.
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“This is regarding, this is an urgent application in the Delhi SIR matter. Now the date that your Lordship has fixed is 30th in the main matter. Now 30th is also the last date for correcting the deletions in the SIR,” he submitted.
He said voters whose names were missing from the draft electoral roll were being asked to submit Form 6, which contains a declaration that they are applying for inclusion in the electoral roll for the first time. He submitted that this created difficulties for people who had already been registered voters.
Seeking urgent intervention, he suggested that the Election Commission of India (ECI) to permit such voters to use Form 8, meant for shifting residence and correcting particulars of existing electors, or introduce an alternative form or mechanism to enable them to seek restoration of their names. He requested that the application be heard on Friday, given the approaching deadline.
Responding to the submission, CJI Surya Kant said the date of hearing in the lead matter had been advanced from October 30 to October 28.
When Bhushan expressed concern that October 28 might not provide sufficient time before the deadline, the CJI indicated that the Court intended to address the issue through an order.
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“We are thinking of passing an order that will take care of it. You just point out on that date, we will pass an order,” the CJI said.
Background of the Case
Form 6 is ordinarily used by eligible citizens seeking inclusion in the electoral roll as new electors. Form 8, by contrast, is used by existing electors for shifting residence, correction of entries, replacement of an Elector Photo Identity Card and related changes. The controversy arises from the treatment of voters whose names were excluded from Delhi’s draft electoral roll following the SIR exercise. According to an interlocutory application filed by RTI activists Anjali Bhardwaj and Amrita Johri through Advocates Prashant Bhushan and Neha Rathi, 47,56,722 electors were excluded from the draft roll published on August 31, 2026, including 31,59,213 classified as permanently shifted.
The applicants have challenged the requirement that previously registered voters seeking restoration of their names must apply through Form 6 and declare that they are applying for inclusion in the electoral roll for the first time. They have sought a separate mechanism for restoring the names of such electors without requiring a declaration they contend may be factually inapplicable to them.
The ECI extended the deadline for filing claims and objections under Delhi’s SIR from September 30 to October 30. The deadline for disposal of claims, objections and notices was extended to November 30, while publication of the final electoral roll was rescheduled for December 4, 2026.
Concerns are raised on the procedures adopted by the Election Commission during the SIR exercise, including the treatment of voters whose names do not appear in the draft electoral roll and the process through which they can seek inclusion.
The Supreme Court had also clarified on October 12 that it had neither approved nor rejected the validity of the modified Form 6 declaration, stating that the issue had not previously been adjudicated by it.