Supreme Court Questions ECI’s Power to Permanently Strip Voters Who Missed Enumeration Forms

Summary

The Supreme Court on Oct 28, 2026 asked the Election Commission of India (ECI) to explain why it could permanently remove a voter’s franchise for not returning enumeration forms during the Special Intensive Revision (SIR) of electoral rolls. The bench, led by Chief Justice Surya Kant and Justice Joymalya Bagchi, highlighted procedural concerns and urged the poll body to consider extensions and simpler enrolment processes.

Key Points

• Issue raised: Whether a voter’s failure to submit an enumeration form can be a ground for lifelong disenfranchisement.
• Court’s stance: The judges said the ECI’s current practice may be “in error” and asked for clarification on the use of “residuary powers” to reach non‑responding voters.
• Petitioners: Activists Anjali Bhardwaj and Amrita Johri, represented by senior advocates Prashant Bhushan and Neha Rathi, argue that forcing pre‑existing voters to file Form 6 misrepresents them as new applicants, an offence punishable by imprisonment.
• ECI’s response: Senior advocate Dama Seshadri Naidu noted that the Bihar SIR judgment of May 27, 2026, only mentioned residuary powers and did not bind the Delhi SIR. He said the commission would consider extending deadlines and allowing delayed filing of enumeration forms.
• Practical implications: If the court’s concerns are acted upon, millions of voters—estimated at 47.5 million in Delhi alone—could retain their names on the draft roll while they submit pending forms, reducing the risk of inadvertent disenfranchisement.
• Next steps: The bench gave the ECI two weeks to propose a remedial plan, suggesting the simplest remedy may be to keep the draft list open‑ended and display vernacular notices at block levels.

How to Verify

• Check the Supreme Court’s official order (available on the court’s website) for the exact wording of the questions to the ECI.
• Review the ECI’s affidavit filed in the Delhi SIR case, which is posted on the commission’s portal.
• Follow updates from reputable news outlets such as *The Hindu* and *Times of India* for any subsequent hearing or directive.

--- *The article reflects statements made in open court and the positions of the petitioners and the ECI. No final ruling on the legality of permanent disenfranchisement has been issued yet.*