Delhi HC reserves verdict on PIL for homeless in electoral roll revision

The Delhi High Court reserved its verdict on a PIL to ensure homeless and displaced persons are included in the electoral roll revision. The court observed the ECI should handle the issue, stating 'everything cannot be thrust upon courts.'

The Delhi High Court on Wednesday reserved its verdict on a PIL seeking steps to ensure that homeless persons and those displaced by demolition drives are not left out of the ongoing Special Intensive Revision (SIR) of electoral rolls in the national capital.

Court Urges ECI to Act

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia said that "everything cannot be thrust upon courts" and observed that the Election Commission of India (ECI) should consider how best to address the issue.

Arguments and Counter-Arguments

The PIL, filed by Indu Prakash Singh, seeks a mechanism to ensure the enrolment and retention of eligible homeless and displaced persons in the electoral rolls despite the absence of a fixed address. Senior Advocate Satyakam, appearing for the petitioner, said the house-to-house SIR exercise could create difficulties for people who had lost their homes or been displaced due to demolition drives. He submitted that a representation was made to the authorities on July 10 and acknowledged on July 13, but the concerns had not been properly addressed.

"Don't ask us to adjudicate reasons. That is for them to evolve a more effective way by which this exercise can be conducted," the Bench observed.

ECI Cites Existing Policy

The ECI told the court that homelessness and internal displacement were already recognised concerns and that it had a policy and standard operating procedure (SOP) to deal with such cases. The poll body referred to Form 6 and said Booth Level Officers (BLOs) were required to trace eligible homeless persons and facilitate their enrolment. It maintained that there was no gap in its existing policy.

Court Questions Petitioner

The Bench questioned the petitioner about the lack of specific instances of persons who had actually been excluded from the SIR. The court said that if the policy was not being implemented, the petitioner should identify specific cases and place them before the authorities.

"If they are not implementing, you should be able to point out that this many persons [are left out], then make a representation," the Bench said.

The petitioner referred to around 650 persons allegedly being left out in the past and expressed apprehension that a larger number could face similar difficulties during the ongoing SIR. It was also submitted that more than three lakh people rendered homeless or displaced by demolition drives could potentially be affected.

The Bench, however, said courts could not be asked to monitor the implementation of every government policy. "Everything should not be thrust upon courts. It is not that we don't share concerns," the court remarked.

The petitioner thereafter sought a direction to the authorities to consider his representation and sought liberty to approach the court again if the issue remained unresolved. The Bench then reserved its verdict.

PIL's Specific Demands

The PIL also seeks identification of homeless and demolition-affected persons, field verification by BLOs, relaxation of procedural requirements, special enrolment camps, and a grievance-redressal mechanism to ensure that eligible persons are not denied their right to vote during the SIR exercise. (ANI)

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