The Delhi High Court on September 10, declined to entertain a writ petition challenging certain declarations required under Form 6 for electors affected by the ongoing Special Intensive Revision (SIR) of electoral rolls.
Justice Amit Bansal directed the petitioners to pursue the issue through a Public Interest Litigation (PIL). Following the direction, the petition was withdrawn.
Background of the Case
The plea was filed by Devender Yadav, President of the Delhi Pradesh Congress Committee, and Rajesh Kumar Garg, Chairman of its Booth Management Committee.
The petition challenged parts of Form 6 and the accompanying declaration form to the extent they apply to voters whose names were previously present in electoral rolls but were deleted during the pre-SIR exercise or are being deleted during the ongoing SIR.
The petitioners argued that such voters are required to declare that they are seeking inclusion in the electoral roll for the first time, even though their names had appeared earlier.
The plea contended that the declaration could be factually incorrect for previously enrolled electors and could expose them to legal consequences under Section 31 of the Representation of the People Act, 1950, which deals with false statements or declarations relating to electoral rolls.
"The Petitioners submit that such a declaration is patently false for previously-enrolled electors... and exposes bona fide electors to the risk of prosecution under Section 31 of the Representation of the People Act, 1950 for no fault of theirs."
The petition sought modification of the disputed declarations so affected electors could make truthful declarations while seeking restoration of their names.
Justice Amit Bansal declined to entertain the petition in its present form and asked the petitioners to file it as a PIL. The petitioners accordingly withdrew the plea.
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