Supreme Court Directs EC to Examine Bulk Voter-Deletion Forms in Uttar Pradesh

Synopsis

In the case, the Supreme Court on Friday directed the Election Commission of India to look into the complaints that the names of candidates had been deleted in bulk in the Special Intensive Revision in UP, and to take corrective steps and submit a compliance report. The Commission's lawyer admitted that the forms had been submitted but that officers had checked them and found them inaccurate and had done nothing about them. Petitioners claimed they experienced a "targeted effort" against one community.

The Court’s direction

The Supreme Court on Friday asked the Election Commission of India (ECI) to look into the allegations of irregularities in the bulk submission of Form 7 applications for deletion of names during the Special Intensive Revision (SIR) in Uttar Pradesh. The irregularities brought to its notice are to be handed to the Commission’s senior counsel by way of a note. The Commission will then review the factual issues, make corrective actions and submit a compliance report.

The petitioners' allegation was that

To object to the name being added to the roll or to have a name removed from the roll, form 7 should be used. Counsel for the petitioner pointed out that on 5 August the Court directed the Commission to respond to an interim application regarding the issue of filing of Form 7 before the booth level officers. Before it were three States, Chhattisgarh, Kerala and Uttar Pradesh; “This Form 7 issue concerns Uttar Pradesh,” said counsel.

The Court was informed that in one constituency 32 forms were submitted against members of a single community. Petitioners had also claimed that two of the forms were signed by the booth-level officers and that in Telangana or Karnataka directions were issued for the lodging of FIRs and nothing of the sort happened in Uttar Pradesh.

They said that it gave the impetus to the people behind a coordinated campaign. The Supreme Court has directed the Election Commission of India (ECI) to take steps against bulk filing of voter deletion applications (Form-7) before the elections.

The Commission’s response

Advocate D.S. Naidu, who appeared on behalf of the ECI, took it upon himself that bulk applications had been made but added that the officers had visited them. He told the Bench they were false, and that they did not do it.

The office of the State's Chief Electoral Officer had earlier denied on what specific grounds the ECI's ERONET software generates and sends out Form 7 applications without giving any reasons for removing the applications.

The wider proceedings

The hearing comes as part of a litany of objections to the SIR. The Court upheld the legality of the exercise in May but said this doesn't let the Commission rule on citizen status of an individual. In December, Senior Advocate Kapil Sibal had informed the Court that close to 25 lakh names were deleted in Uttar Pradesh alone.

The compliance report will reveal what action (if any) the Commission takes on petitioners' flagged forms. It will also indicate if Uttar Pradesh is witnessing such steps as that in Telangana and Karnataka.