Delhi SIR: How do long-term tenants prove their ‘ordinary residence’? | India News | ACTPnews

Business Standard



Delhi’s Special Intensive Revision (SIR) of electoral rolls is based on ordinary residence, not property ownership. But for long-term tenants who have changed rented homes over the years, proving that they live at their current address can become difficult when voter records have not been updated.

 

The Election Commission of India (ECI) began the enumeration exercise on June 30, and it will continue until July 29. As of July 12, enumeration forms had been distributed to 93.35 per cent of Delhi’s 14.5 million electors, while 7.69 per cent had been digitised, according to the Office of the Chief Electoral Officer (CEO), Delhi.

 
 


Unlike Bihar, where the recent SIR required documentary proof in many cases, Delhi’s exercise first asks electors to check whether their names appear in the 2002 electoral roll.

 


Those who settled in Delhi after 2002 have been asked to provide details from the last SIR conducted in the state from which they migrated. If these details cannot be matched with the database, the Electoral Registration Officer (ERO) may seek supporting documents.


The issue for long-term tenants


For tenants, the challenge often arises when voter records do not reflect changes in residence.

 


Mukesh Kumar, 52, moved to Delhi from Bihar in 1996 and obtained his voter ID at his first rented address, where he voted in the 2002 election. He later shifted to another rented house in east Delhi’s Vasundhara Enclave.

 


During the SIR, Kumar could not find his name in the records, although it appeared in the electoral roll used for the 2025 Delhi Assembly election. He said the Booth Level Officer (BLO) told him that his former landlord had confirmed that he no longer lived at the old address and advised him to update his voter ID.

 


“Tenants like us do not stay at one place. How many times do we have to get the address changed, and on which documents precisely?” he said.

 


Manju Devi, 49, moved to Delhi after her marriage in 1999 and has lived in several rented homes in Mehrauli’s Lado Sarai area. She has voted in successive Delhi Assembly elections, including the most recent one, but could not find her name during the SIR.

 


Her 21-year-old son, whose voter ID was issued at their current address, remains on the rolls. Devi said the BLO advised her to check whether her name was still registered in her hometown and then update the address on her voter ID.

 


“I have never had a rent agreement. I don’t have it now either. I will have to ask my landlord if he is willing to issue one,” she said.


Where tenants face practical difficulties


BLOs say the main problem is not tenancy but outdated voter records.

 


Ramesh Gupta, BLA-2 for Booth No. 51 in Chhattarpur, said tenants often move within the same locality without updating their registration.

 


“There are a lot of cases like that. A person shifts to another building within the same locality, but when the BLO visits the old address, the people there may say that person no longer lives there. A BLO has to cover over 2,000 houses in a month. It is not practical to independently trace every voter,” he said.

 


Gupta said some voters also apply for a fresh voter ID instead of transferring their existing registration, creating the possibility of duplication.

 


“One person cannot have many voter IDs from different addresses. The purpose of this exercise is also to remove such duplication,” he said.

 


Naresh Sharma, a BLO in Vasundhara Enclave, said tenants sometimes assume that they need not update their voter ID after moving only a short distance. If they are not found at the registered address, verification becomes difficult, he said.

 


According to Sharma, a rent agreement is generally the primary document used to apply for a change of address.


What about second-generation residents?


Gupta said an adult child whose voter ID is registered at the family’s present address can remain enrolled even if a parent’s name is not found in the SIR records.

 


Electors left out of the draft electoral roll can file claims and objections through the Election Commission’s portal after its publication, he added.


What does the law say?


Election law does not make home ownership a condition for voter enrolment. Varun Katiyar, managing partner at Consortium Legal, said Section 20 of the Representation of the People Act, 1950, distinguishes between ownership and residence.

 


“The legal inquiry is directed at actual, habitual residence rather than title to property,” he said.

 


A person who has lived in Delhi for decades as a tenant, voted there and developed family and social ties may meet the legal test of “ordinary residence”, Katiyar said.

 


He added that EROs must determine ordinary residence “with reference to all the facts of the case”. The absence of ownership documents alone cannot defeat a claim, and authorities may consider tenancy records, Aadhaar, utility bills and other address proofs.


What does the Election Commission say?


The Election Commission says an Indian citizen aged 18 or above is eligible for enrolment if he or she is “ordinarily resident” in the constituency. It also states: “To get enrolled in the voter list is one’s statutory right.”

 


Voters who shift residence are required to update their address through Form 8, irrespective of whether they own or rent the property.

 


The SIR information sheet says the ERO may seek supporting documents if an elector’s previous SIR details cannot be matched with the Commission’s database.

 


Its indicative list includes birth certificates, passports, educational certificates, permanent residence certificates, Aadhaar — subject to the Commission’s directions — and other government-issued records. Property ownership documents are not mandatory.

 

However, the Commission’s public guidance does not specifically explain how cases involving repeated shifts, the absence of rent agreements, uncooperative landlords or second-generation tenants will be handled. 


What tenants should know


The experiences of tenants and BLOs underline the importance of updating voter registration after every change of residence. Cases that remain unresolved during verification can be taken up through the claims and objections process after the draft roll is published.



Source link

Leave a Reply

Your email address will not be published. Required fields are marked *

Search the Archives

Access over the years of investigative journalism and breaking reports