ECI clarifies previous voters can submit Form-6 during SIR without fear of prosecution
ECI Says Previous Voters Can Submit Form-6 During SIR Without Prosecution
New Delhi The Election Commission of India (ECI) has clarified that voters whose names are missing from the draft electoral rolls during the ongoing Special Intensive Revision (SIR) can submit Form-6 for fresh enrolment without fear of prosecution under Section 31 of the Representation of the People Act, 1950.
In a communication dated November 3, addressed to the Chief Electoral Officers of all States and Union Territories, the Commission said some previously enrolled voters were hesitant to submit Form-6 because the prescribed declaration states that their names are being included in the electoral roll for the first time.
The ECI clarified that the declaration has been in force since August 1, 2022, and that submitting Form-6 for inclusion during or after the SIR process does not, by itself, amount to making a false declaration merely because the applicant was enrolled earlier.
The Commission said voters whose names do not figure in the draft rolls must apply afresh for inclusion in the final electoral rolls, irrespective of their previous enrolment.
The clarification follows a Delhi High Court judgment in the case of Nilotpal Datta and Another versus Election Commission of India and Others, delivered on October 14, 2026. The petitioners had expressed apprehension that submitting Form-6 despite having been enrolled previously could amount to a false declaration. The court held that their apprehension was misplaced and allowed them to submit applications for consideration in accordance with law.
The ECI has directed that Electoral Registration Officers should not initiate action under Section 31 merely because an applicant was included in an earlier electoral roll and has submitted Form-6 during or after the SIR process.
However, the protection applies only if the applicant is not already enrolled in another Parliamentary or Assembly constituency and the declaration otherwise complies with the law.
The Commission has asked Chief Electoral Officers to publicise the clarification widely in local languages through available media to ensure that voters are aware of the procedure.
