SIR: Activist demands separate ECI form for voters deleted from electoral rolls

The Election Commission of India's (ECI) insistence that voters whose names are deleted during the Special Intensive Revision (SIR) submit Form 6 for re-enrolment has sparked controversy. The form is a statutory requirement for the inclusion of new voters in the electoral roll. In a notice issued on November 3, the ECI assured that no action would be taken against deleted voters for submitting Form 6 along with a declaration stating that they are new voters.

Form 6 contains a declaration stating that the applicant is seeking inclusion in the electoral roll for the first time and that their name has not been included in the electoral roll of any other Parliamentary or Assembly Constituency.

A day after ECI issued the notice, an activist has requested the country's election watchdog to introduce a new form for deleted voters instead of forcing them into providing false declarations that can be prosecuted under Section 31 of the Representation of People’s Act 1950 for not being a fresh voter. 

Social activist, economist and lawyer Lubna Sarwath, in a people’s notice sent to ECI, Chief Election Commissioner and Election Commissioners, argued that introducing a new form would not only spare deleted voters from making false declarations but also highlight the number of genuine voters deleted by the ECI. 

According to Lubna, who is also a Congress leader from Hyderabad, the issue was primarily a case of the dignity of the voters of India. “After the insult of being deleted arbitrarily, without consent, permission or choice, the voter is further forced through the additional assault to fill Form 6, which is meant for fresh voters who have not held electoral cards previously,” she wrote. 

Lubna said that the proposed new form should be named ‘Form Citizen’. She said the new form would not stigmatise the voter. “Rather, it will forever highlight the fact that the irresponsible ECI committed the sin of deletion of the genuine authentic voter,” she wrote in the notice. 

On October 28, the Supreme Court asked the ECI why Form 6, meant for first-time voters, was to be filled by persons deleted from the draft roll. It had asked ECI to give voters, who are either shifted or changed addresses, the opportunity to fill out enumeration forms or file Form 8 instead of Form 6. Lubna said that ECI following up the SC’s criticism with a ‘self-styled letter’ was yet another testimony of its misgovernance. 

The advocate also said that she was among the lakhs of voters who were deleted during electoral roll revisions in Telangana in 2018. 

“On 9 January 2019, CEO Telangana shared an unsigned paper with the press declaring that 35 lakh people were deleted during the NERPAP (National Electoral Revision Purification and Authentication Process) 2015 process and 24 lakh people were deleted during the IRER (Intensive Revision of Electoral Rolls) 2017 process. Hence, the conspiracy started after the regime change happened in India in 2014. The earlier BRS government allowed Telangana to be used as a pilot, thus proving its utter disregard for the voters,” she said. 

Quoting the Registration of Electors Rules, 1960, Lubna said that intensive revision should be a de novo process without reference to the earlier existing roll. “The Rule 25 of the Registration of Electors Rules states that where a roll is revised intensively, it shall be prepared afresh. A de novo voter list would be the answer to the suo moto arbitrary state deletions, she added.

The Supreme Court is expected to hear the petition regarding ECI’s demand to use Form 6 for reinduction of deleted voters on November 19. A bench of Chief Justice of India Surya Kant, Justices Joymalya Bagchi and V Mohana will hear the petition filed by activists Anjali Bharadwaj and Amrita Johri.