The Delhi High Court has upheld the Election Commission of India’s (ECI) existing procedure for voter registration, directing an elector whose name was deleted from the electoral roll during the Special Intensive Revision (SIR) to apply afresh using Form 6 rather than Form 8 to update his address.
The court, however, did not accept their request. They sought permission to transfer their existing electoral entries through Form 8 instead of being required to apply for fresh inclusion through Form 6. The court took on record the ECI’s assurance that Datta would not be accused of making a false declaration if he used Form 6 to have his name added to the electoral roll.
However, the petitioners had chosen not to proceed with the application, for reasons best known to them, he submitted. “With these observations, the writ proceedings are closed. Petitioners, if so desire, may fill Form 6, which shall be processed in accordance with law,” the court said in its decision delivered on October 14.
Vashishtha told the court that he had asked Datta to submit the form at the previous hearing and assured him that the Electoral Registration Officer would provide assistance. After hearing both sides, the bench said the petitioner’s concern about being accused of making a false declaration was misplaced, given the assurance provided by the ECI’s counsel on the instructions of the Electoral Registration Officer. “Having heard learned counsel for the parties, we are of the considered opinion that when the suggestion is coming from the learned standing counsel appearing for ECI, that too as per the instructions of the Electoral Registration Officer, petitioner no.1’s apprehension that he would be accused of furnishing a false declaration is misplaced,” the court said.
