The bench, headed by Chief Justice Surya Kant, interrogated the Election Commission of India (ECI) over the removal of 43 lakh voters from Delhi’s draft electoral roll, questioning the logic behind treating those absent for short periods as 'shifted' and demanding clarification.
Justice Joymalya Bagchi highlighted that Forms 6, 7, 8—reserved for fresh enrolment—cannot be retroactively altered to accommodate temporary absences, urging the EC to allow affected voters to submit their enumeration forms and a declaration instead.
The Court also probed the EC’s insistence on an Oct. 30 cut‑off for claims and objections, noting there is no imminent election in Delhi and encouraging a more relaxed timeline. The ECI said it would consider extending the deadline and accepting late enumeration forms.
In addition, the bench cautioned the EC on the use of the 'logical discrepancy' list, noting it had only been sanctioned as a temporary measure in West Bengal and not yet adjudicated in Delhi, and warned that unchecked flagging could disenfranchise legitimate voters.
To address the procedural gaps, the Supreme Court gave the EC a fortnight to submit a detailed report on steps taken to reinstate the excluded voters, the revised mechanism for temporary movers, and any plans to extend the filing window.
The ECI’s forthcoming report will be scrutinized in the next court session, with the Supreme Court poised to issue further directives based on the findings.