New Delhi: The Election Commission of India has issued a significant clarification stating that previous electors whose names do not appear in the draft electoral rolls published during the ongoing Special Intensive Revision (SIR) can submit Form-6 for inclusion without the fear of prosecution under Section 31 of the Representation of the People Act, 1950.
In a communication dated November 3, 2026, addressed to the Chief Electoral Officers of all States and Union Territories, the Commission noted that certain previous electors are hesitant to submit Form-6.
These electors are required to “furnish a declaration in the form stating that their name is being included for the first time in the electoral roll. Many such voters believe that submitting Form-6, despite their previous enrolment, would amount to making a false declaration and could render them liable for legal action.”
The Election Commission has clarified that the declaration prescribed under Form-6 has been in force since August 1, 2022.
It has stated that an elector whose name does not appear in the draft electoral roll may submit Form-6 to seek inclusion in the final electoral roll in accordance with the prescribed procedure.
Consequently, an elector whose name is missing from the draft roll is required to seek inclusion afresh under the SIR process or afterwards, irrespective of whether the person had been enrolled previously.
The Commission has emphasised that, “the submission of Form-6 in such circumstances is solely for inclusion in the electoral roll under the SIR or afterwards and is not, by itself, false merely because the elector was previously enrolled.”
ECI further said the clarification aligns with the judicial pronouncement of the Delhi High Court in the case of Nilotpal Datta & Anr. versus Election Commission of India & Ors., decided on October 14, 2026.
In that case, an applicant who was not a first-time voter had argued that submitting Form-6 would amount to making a false declaration.
The High Court held that the petitioners’ apprehension was misplaced and closed the writ proceedings with the observation that the petitioners, if they so desired, may submit Form-6 to be processed in accordance with law.
Accordingly, the Election Commission has directed that no action under Section 31 of the Representation of the People Act, 1950, shall be initiated by an Electoral Registration Officer against an elector merely on the ground that the person had been included in a previous electoral roll and has submitted Form-6 during the SIR process or afterwards.
This protection is available provided that the elector is not already enrolled in any other Parliamentary or Assembly Constituency and the declaration made is otherwise in accordance with law.
The Chief Electoral Officers have been requested to bring the clarification to the notice of all concerned and to provide wide publicity to it in the local language(s) as well through available media in the interest of the public.
The clarification assumes importance amid the ongoing debate over the Special Intensive Revision of electoral rolls and concerns raised by various political parties regarding the deletion of names and the process of re-enrolment.
(IANS)
