Court holds apprehension of false declaration misplaced; grants liberty to petitioners to file Form 6 for redressal of electoral roll deletion
In a significant judgment delivered on October 14, 2026, the Delhi High Court (Division Bench comprising Justices Dinesh Mehta and Dr. Aditi Choudhary) disposed of a writ petition filed by Nilotpal Datta and another challenging the deletion of their names from the electoral roll. The petitioners contended that their names were removed because they could not fill enumeration forms after shifting their residence.
The petitioners sought multiple reliefs including quashing of the Election Commission of India's (ECI) order dated June 24, 2025, directing restoration and transposition of their electoral entries through a correction procedure (Form 8) rather than fresh inclusion via Form 6. They argued that the procedure violated the Representation of the People Act, 1950, the Registration of Electors Rules, 1960, and their fundamental rights under the Constitution.
During the hearing, the learned Standing Counsel for the ECI, Mr. Sanjay Vashishtha, submitted that the grievance of the petitioners could be effectively redressed by filing Form 6 under Rule 25(2) read with Rule 13(1)(a) of the Registration of Electors Rules, 1960. The counsel further assured that the Electoral Registration Officer would provide necessary assistance to the petitioners in this process.
Petitioner No.1, appearing in person, expressed apprehension that filing Form 6 might amount to furnishing a false declaration. However, the court observed that this fear was misplaced, especially since the suggestion to file Form 6 came directly from the learned Standing Counsel representing the Election Commission and on the instructions of the Electoral Registration Officer.
The Court declined to entertain the petition on merits, emphasizing the statutory nature of the procedure prescribed for inclusion in the electoral roll. It held that where the Election Commission indicates a specific statutory remedy, the Court ought to permit the statutory process to be followed in accordance with law rather than interfere.
Consequently, the writ petition was closed with liberty granted to the petitioners to file Form 6, which shall be processed as per the applicable laws. The interlocutory applications filed during the course of proceedings were also disposed of.
This ruling underscores the importance of following the prescribed statutory procedures for electoral roll corrections and inclusions, reinforcing the authority of the Election Commission of India in managing electoral registrations.
Bottom Line:
Electoral roll - Petitioners' names deleted as they could not fill enumeration forms after shifting residence - Election Commission stated grievance could be redressed by filing Form 6 under Registration of Electors Rules, 1960 - Apprehension of false declaration held misplaced when suggestion came from ECI on instructions of Electoral Registration Officer - Writ proceedings closed with liberty to petitioners to fill Form 6, to be processed in accordance with law.
Statutory provision(s):
Article 226, Constitution of India, 1950; Representation of the People Act, 1950; Registration of Electors Rules, 1960 (Rules 13(1)(a), 25(2))
Nilotpal Datta v. Election Commission of India, (Delhi)(DB) : Law Finder Doc Id # 2998835
