Delhi SIR and Form 6: Why the Supreme Court Questioned the Election Commission
About 47.5 lakh people, nearly one in three Delhi voters, were left out of the draft voter list after the Special Intensive Revision (SIR). Many of them were told to fill Form 6, the form meant for first-time voters. On 28 October 2026 the Supreme Court asked the Election Commission why people already on the roll should apply as new voters, and suggested an easier route through Form 8. The Court has not given a final ruling yet. Here is the issue in simple words, and what a deleted voter can do now.
What happened on 28 October 2026
A bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana heard the plea of RTI activists Anjali Bhardwaj and Amrita Johri against the Election Commission of India's instruction that electors deleted in the Delhi SIR must file Form 6 to get back on the roll. The hearing was advanced from 30 October because the last date for claims was close.
Justice Bagchi called the situation a "structural incongruity" and asked whether a voter who did not return the enumeration form loses the right to be on the roll forever. The bench suggested that the list of deleted persons be published and that they be allowed to apply through Form 8 at their nearest Booth Level Officer (BLO). The ECI's counsel D.S. Naidu said the Commission would discuss the suggestions, that a person can still apply until the last date of nominations, and that it would consider accepting late enumeration forms. The Court said it has not decided whether the "logical discrepancy" category is legal. The matter will be heard again after two weeks; no final order had been reported when we checked on 29 October.
At a GlanceDelhi SIR Form 6 Case: Key Facts
| Point | Fact |
|---|---|
| Petitioners | Anjali Bhardwaj and Amrita Johri (argued by Prashant Bhushan) |
| Bench | CJI Surya Kant, Justice Joymalya Bagchi, Justice V. Mohana |
| Draft roll | Published 31 August 2026; 47,56,722 electors (32.78% of Delhi's earlier roll) left out, as per the petition |
| "Logical discrepancy" | 19.34 lakh Delhi voters were marked under this category, the petitioners told the Court |
| The dispute | Deleted voters told to file Form 6 (new voter) instead of Form 8 (shifting or correction) |
| The fear | Form 6 carries a declaration that the person was never enrolled; a false declaration is punishable under Section 31, RP Act, 1950 |
| Court's view so far | Called it a "structural incongruity"; suggested publishing the deleted list and allowing Form 8 |
| Next | Hearing after two weeks; legality of "logical discrepancy" still open |
Form 6 is the "I am a new voter" form. Someone who voted in Delhi for twenty years and was dropped only because a form did not reach the BLO is not a new voter. Asking such a person to sign a new-voter declaration puts them in a trap: either sign something untrue or stay off the roll. That is the problem the Court is looking at.
🏠 Everyday analogy
Imagine a library that removes your membership because a renewal letter never reached you, and then says you can come back only by signing "I have never been a member". You were a member; the honest route should be "restore my card", not "open a new one".
🇮🇳 Real Indian example
A tenant in Laxmi Nagar who moved one lane away and missed the BLO's visit may be marked "shifted". Form 8 exists exactly for shifting within or across constituencies and for correcting entries.
Voter FormsForm 6 vs Form 7 vs Form 8: Which Form Is for What
| Form | Used for | Who should use it |
|---|---|---|
| Form 6 | Inclusion of name as a new elector | First-time voters, for example those turning 18 |
| Form 6A | Inclusion of an overseas (NRI) elector | Indian citizens living abroad |
| Form 6B | Linking Aadhaar number with the voter entry (voluntary) | Any registered voter |
| Form 7 | Objection to an entry or deletion of a name | To report a dead or shifted voter, or your own deletion request |
| Form 8 | Shifting of residence, correction of entries, replacement EPIC, marking as PwD | Voters who moved or need corrections |
- The petitioners say a voter deleted only because the enumeration form did not come back should be treated as an existing voter, so Form 8 or a special restoration form is the right route.
- The ECI's position is that the SIR builds a fresh roll; anyone left out can still apply until the last date of nominations for an election.
- The Supreme Court said the Bihar SIR judgment is not a binding precedent on the "logical discrepancy" question, and that in West Bengal the category was only allowed as an interim arrangement.
Official TextArticle 326 and Section 31 of the Representation of the People Act, 1950
Constitution of India, Article 326. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.
The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than eighteen years of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.
Representation of the People Act, 1950, Section 31. Making false declarations.
If any person makes in connection with— (a) the preparation, revision or correction of an electoral roll, or (b) the inclusion or exclusion of any entry in or from an electoral roll, a statement or declaration in writing which is false and which he either knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
Article 326 gives every adult citizen the right to be registered as a voter, unless disqualified on specific grounds such as non-residence or crime. Section 31 punishes false statements made to get on or off the roll. Put together, the question is whether the ECI can make an old voter sign a new-voter declaration that could later be called false.
Legal AwarenessName Deleted from Delhi Voter List? What You Can Do Now
- 1Check your name
Search on voters.eci.gov.in or the Voter Helpline App using your EPIC number or name and age.
- 2Find the reason
Ask your BLO or the Electoral Registration Officer (ERO) whether you were marked shifted, absent, dead or "logical discrepancy".
- 3Apply with the right form
Follow the ECI's current instruction (Form 6 as of now). Fill details truthfully; mention your old EPIC number where the form allows.
- 4Keep proof
Save the reference number and copies of documents such as Aadhaar, passport, rent agreement or electricity bill.
- 5Appeal if rejected
Under Section 24 of the RP Act, 1950 you can appeal to the District Magistrate and then to the Chief Electoral Officer.
- 6Watch the Court
The Supreme Court may change the form or deadline after the next hearing; check this page for updates.
Why It MattersClean Rolls vs Right to Vote
ECI's concerns
- Remove dead, shifted and duplicate names
- Verify citizenship and residence of every voter
- Finish a fresh roll before elections
- One standard process for all
Petitioners' concerns
- Lakhs dropped without personal notice
- Old voters forced into a new-voter declaration
- Fear of prosecution under Section 31
- Undefined "logical discrepancy" category
In Lal Babu Hussein v Electoral Registration Officer (1995) the Supreme Court said a person already on the roll should not be removed without notice and a fair chance to be heard. The Delhi case tests how that principle applies when a whole roll is rebuilt through the SIR.
UPSC CornerDelhi SIR Case for UPSC Prelims and Mains
- Prelims: Article 326 = adult suffrage; Article 324 = superintendence of elections by the ECI; Article 325 = no exclusion from the roll on grounds of religion, race, caste or sex.
- Prelims: Form 6 new elector; 6A overseas elector; 6B Aadhaar; 7 objection/deletion; 8 shifting/correction.
- Prelims: Section 31 of the RP Act, 1950: false declaration about the electoral roll, up to one year jail, fine or both.
- Mains (GS II): "Purity of the electoral roll and the right to vote must go together." Discuss with reference to the Special Intensive Revision.
Practice MCQTest Yourself: Delhi SIR: SC Questions Form 6 for Deleted Voters
In the context of electoral rolls in India, which form is used by an existing voter for shifting of residence or correction of entries in the roll?
Doubts ClearedFrequently Asked Questions
Why are deleted Delhi voters asked to fill Form 6?
The Election Commission treats the SIR as preparing a fresh roll, so those left out were told to apply as new electors through Form 6. The petitioners say this wrongly treats old voters as new ones.
What did the Supreme Court say on 28 October 2026?
It called the situation a "structural incongruity", asked whether a voter loses the right forever for not returning a form, and suggested publishing the deleted list and allowing Form 8. It gave no final ruling and will hear the case again after two weeks.
What is "logical discrepancy" in SIR?
It is a category the ECI used for entries where details such as age or family links did not match logically. The petitioners say it is not clearly defined. The Supreme Court has not decided whether it is legal.
Can I be jailed for filling Form 6 if I was a voter before?
Section 31 of the RP Act, 1950 punishes only a statement the person knows or believes to be false. Fill the form truthfully and mention your old EPIC details where possible. This is the very doubt the Court is examining.
Till when can a deleted Delhi voter apply?
The ECI told the Court a person can apply until the last date of nominations for an election. Claims for the SIR had a deadline of 30 October 2026; check voters.eci.gov.in or your BLO for the latest date.
Sources and further readingSources We Checked
Facts checked against the reports below on 29 October 2026. The written order of 28 October had not been published when we checked; the case is pending and this page will be updated.
- Business Standard: Supreme Court questions ECI on asking deleted Delhi voters to file Form 6 (28 Oct 2026)
- ETV Bharat: 'Can right to vote be lost forever?': SC grills ECI on Form 6 in Delhi SIR (28 Oct 2026)
- Deccan Herald: No final decision yet on legality of 'logical discrepancy' in SIR process: Supreme Court
- The Wire: Delhi SIR: SC defers decision on 'logical discrepancy', asks ECI why existing voters had to fill Form 6
- LawChakra: Form 6 in Delhi SIR: Supreme Court questions ECI over voters already on roll
- LiveLaw: Delhi SIR: plea in Supreme Court challenges ECI directive that deleted voters must file Form 6
- Bar & Bench: Delhi SIR: plea challenges ECI directive requiring deleted voters to enrol afresh
- Election Commission of India: Voters' Service Portal (Forms 6, 7, 8)