Delhi High Court Calls on ECI to Develop Mechanism for Homeless and Displaced Voters
The Delhi High Court, on Wednesday, addressed a Public Interest Litigation (PIL) concerning the potential exclusion of homeless and displaced individuals from the electoral rolls amid the Election Commission of India’s (ECI) ongoing Special Intensive Revision (SIR). A Division Bench consisting of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia emphasized that it is the responsibility of the ECI to devise a suitable mechanism to tackle these concerns.
The petition, presented by Indu Prakash Singh, sought court intervention to ensure the inclusion of displaced and homeless persons in the electoral process. The court, however, encouraged the petitioner to present their suggestions directly to the ECI, emphasizing the importance of not burdening the judiciary with matters that could be addressed by the election authorities.
Chief Justice Upadhyaya remarked, “Don’t ask us to adjudicate these issues. It’s for them [ECI] to evolve a mechanism about how to evolve a more appropriate way to conduct this exercise. Please make these suggestions to them… Everything should not be thrust upon the courts. It’s not that we are not concerned.”
The petitioner argued that while the ECI had identified the issue of homelessness in its instructions dated June 30, no mechanism had been implemented to ensure their inclusion. The petitioner highlighted the impact of large-scale demolitions in Delhi in 2023, which resulted in many individuals losing their homes and, consequently, their place on the electoral roll.
Senior Advocate Satyakam, representing the petitioner, stressed the risk of disenfranchisement for these affected individuals. In response, the ECI acknowledged the issue of internal displacement, asserting that it has been addressing homelessness as part of its longstanding duties. It further contended that no specific cases of exclusion from the current SIR due to homelessness had been presented to the court.
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The court probed the petitioner on the foundations of their concerns, noting that the ECI already possessed a policy and standard operating procedure (SOP) for these cases. The judges remarked, “You have to point out particular individuals [who] have been left out from this exercise. Only then can we [assess] the difficulty. Everything is based on whatever perception you have or anyone filing the writ petition has.”
The bench also questioned the feasibility of judicial monitoring of the ECI’s policy and SOP implementation. It urged the petitioner to provide empirical evidence, including names and numbers of those allegedly excluded from the electoral process.
When the petitioner cited 650 individuals reportedly omitted from the last election and claimed that approximately three lakh people had been displaced in Delhi in previous years, the court requested a list of names to support these assertions. The petitioner reiterated the absence of a specific policy for displaced persons.
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The court concluded by stating that appropriate directions would be issued after further deliberation.
