The Delhi High Court held that electors excluded during Special Summary Revision need not fear filing Form 6 for re-inclusion, clarifying that doing so does not amount to a false declaration. The Court emphasized that the direction to file Form 6 came from the Election Commission's standing counsel.
Delhi High Court Clarifies Legality of Form 6 Filing for Voter Re-Registration
The Delhi High Court has clarified that an elector who has been excluded during the Special Summary Revision (SSR) of electoral rolls does not make a false declaration by filing Form 6 to seek re-inclusion. A Division Bench of Justices Dinesh Mehta and Aditi Choudhary observed that such concerns are 'misplaced', as the suggestion to file Form 6 originated from the standing counsel representing the Election Commission of India (ECI), acting on instructions from the Electoral Registration Officer.
The Court noted that Form 6 is the prescribed application under the Conduct of Election Rules, 1961, for inclusion in electoral rolls. The Bench stressed that citizens have a statutory right to be enrolled, and exercise of that right cannot be construed as furnishing incorrect information, especially when the application follows official guidance. The clarification was intended to allay fears among voters seeking to restore their names post-SSR.
This ruling reinforces the principle that administrative follow-up by eligible voters—acting on official advice—cannot be penalized or misconstrued under electoral law. It serves as guidance for Election Commissions and Registration Officers across jurisdictions, affirming procedural fairness in electoral inclusion.
