The Delhi HC Homeless Voters case concerns a PIL that challenged the voter enrolment process for homeless and displaced citizens. The Delhi High Court rejected the petition. The court found that existing Election Commission of India (ECI) guidelines already protect the voting rights of homeless citizens.
High Court Dismisses Electoral Roll PIL
A division bench heard the petition filed by Indu Prakash Singh. Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia presided over the matter.
The petition alleged that the ongoing Special Intensive Revision (SIR) could exclude homeless people from electoral rolls. It also claimed that demolition drives could affect their voting rights under Article 326.
However, the court found no concrete evidence of systematic voter exclusion.
ECI Guidelines Protect Homeless Voters
The High Court examined the existing ECI guidelines. It noted that the guidelines already provide a process to verify ordinary residence for homeless and displaced citizens.
In particular, the bench referred to Clause 8.5 of the ECI manual. The court said this provision addresses the concerns raised by the petitioner.
Moreover, citizens who do not appear in the draft electoral roll can still seek inclusion. They can apply through Form 6 under the existing procedure.
Booth Level Officers Must Verify Locations
The court also highlighted the field verification process.
When a homeless person submits Form 6, the designated Booth Level Officer (BLO) must verify the applicant’s stated location.
The verification does not involve a single visit. Instead, the BLO must physically check the location over more than one night.
This process helps determine whether the applicant regularly stays at the particular pavement or open space.
Petitioner’s Concerns and ECI Response
The petitioner argued that demolition drives could make voter registration difficult for displaced people. The petition therefore sought a special voting enrolment mechanism.
On the other hand, the ECI defended its existing procedures. It argued that Clause 8.5 already provides safeguards for homeless citizens.
The Election Commission also pointed to physical verification and local grievance redressal mechanisms.
Therefore, the High Court found no need to create a separate enrolment framework.
Court Finds No Evidence of Systemic Exclusion
The bench ultimately dismissed the PIL. The court noted that the petitioner had not produced concrete evidence showing actual voter exclusion.
The judges also recognised the safeguards already available under the ECI’s existing system.
As a result, the court declined to interfere with the current voter registration process.
The Delhi HC Homeless Voters ruling confirms that homeless citizens can use the existing statutory process to seek inclusion in electoral rolls.
Key Takeaway
The Delhi High Court has upheld the existing voter enrolment framework for homeless and displaced citizens.
The ruling highlights the importance of Form 6 and field verification by BLOs. At the same time, it confirms that citizens who face genuine exclusion can use the statutory grievance mechanisms available under election law.
