Nobody Will Be Prosecuted’: CJI Surya Kant on Form 6 Amid Maharashtra’s Mass Voter Purge

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New Delhi: In the quiet corridors of the Supreme Court of India, the air carried the weight of millions of names that had vanished from Maharashtra’s electoral rolls. On October 26, 2026, a three-judge bench led by Chief Justice of India Surya Kant, with Justices Joymalya Bagchi and V. Mohana, issued notice to the Election Commission of India in a writ petition that challenged the scale and method of the Special Intensive Revision exercise. The petition painted a stark picture: of the state’s roughly nine crore voters, nearly three crore—about one-third—had been removed after the publication of the draft rolls. Among them, 1.22 crore names carried the opaque label of “logical discrepancy.”

The deletions fell hardest on urban pockets of Mumbai and Pune, where large housing redevelopment projects had displaced long-time residents. Many of those struck off had lived in the same localities for decades, voted in successive elections, and possessed documents that once proved their presence. Once their names disappeared, they were told the only route back was Form 6, the standard application for fresh registration. Senior Advocate Arvind Datar, appearing for the petitioners, pointed out the trap hidden in that form. Form 6 requires the applicant to declare that he or she has never been enrolled as a voter anywhere in the country. For citizens who had voted repeatedly until the revision exercise removed them, signing that declaration could, on a strict reading, amount to making a false statement—an offence under the Representation of the People Act.

Inside the courtroom the argument landed with unusual force. The bench did not stay the publication of the final rolls, but Chief Justice Surya Kant offered a clear public assurance: “Nobody will be prosecuted” merely for submitting Form 6 in an attempt to restore their names. The statement was brief, yet it sought to sever the link between the act of re-application and the threat of criminal proceedings. For families who had already spent days gathering identity papers, rental agreements, and affidavits, the words provided temporary relief. They did not, however, restore the names themselves.

Outside the court, the practical consequences continued. In several municipal wards, booth-level officers had reported receiving applications only after the draft list appeared, often from residents who learned of their deletion only when they checked the online portal or found their names missing at the local polling station. Some had shifted within the same city because of redevelopment; others had updated addresses years earlier but never received confirmation that the change was reflected. The tag “logical discrepancy” covered a range of mismatches—differences in spelling, slight variations in age as recorded in older rolls, or the absence of a continuous address history that the software now demanded. Human verification, the petition argued, had been reduced to a secondary step.

The Election Commission, through its counsel, maintained that the Special Intensive Revision was a lawful exercise aimed at cleaning the rolls of duplicates, shifted, and deceased voters. The scale of deletions in Maharashtra, however, had few recent parallels. Opposition parties and civil-society groups had already flagged similar concerns in other states, but the numbers cited in the present petition—three crore names in a single state—gave the challenge national weight. With state and national elections approaching, the integrity of the rolls in India’s second-most populous state carried implications far beyond the individual voters affected.

The Court fixed the next hearing for November 5, 2026. Until then, the final lists may be published, and the window for further claims and objections will run its course. For the citizens who must now decide whether to sign a declaration that contradicts their voting history, the Chief Justice’s assurance stands as the only formal protection against prosecution. Whether that assurance will be translated into clear administrative instructions to returning officers and police stations remains to be seen. In the meantime, the names stay deleted, the forms remain mandatory, and the gap between the Court’s words and the ground-level process continues to define the exercise. The hearing in November will test whether the scale of the revision, the nature of the “logical discrepancy” tag, and the design of Form 6 can be reconciled with the constitutional guarantee of the right to vote.

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