Finance
The Election Commission of India has provided an important clarification indicating that former voters whose names are absent from the draft electoral rolls released during the current Special Intensive Revision (SIR) can file Form-6 for inclusion without the concern of prosecution under Section 31 of the Representation of the People Act, 1950.
In a message dated November 3, 2026, sent to the Chief Electoral Officers of all States and Union Territories, the Commission observed that some former electors are reluctant to file Form-6.
These electors must “provide a declaration in the format indicating that their name is being added to the electoral roll for the first time. Numerous voters think that filing Form-6, even after being previously enrolled, would constitute a false declaration and may expose them to legal consequences.
The Election Commission has confirmed that the declaration outlined in Form-6 has been effective since August 1, 2022.
An elector whose name is absent from the draft electoral roll may file Form-6 to request inclusion in the final electoral roll following the established procedure.
As a result, an elector whose name is absent from the draft roll must apply for inclusion again under the SIR process or later, regardless of prior enrollment status.
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 additionally stated that the clarification is consistent with the ruling of the Delhi High Court in the matter of Nilotpal Datta & Anr. versus Election Commission of India & Ors., concluded on October 14, 2026.
In that scenario, an applicant who was not voting for the first time contended that filing Form-6 would be considered a false declaration.
The High Court determined that the petitioners’ concerns were unfounded and terminated the writ proceedings, noting that the petitioners could submit Form-6 for processing in line with the law, if they wished.
Consequently, the Election Commission has ordered that no steps under Section 31 of the Representation of the People Act, 1950, shall be taken by an Electoral Registration Officer against an elector solely because the individual was part of a prior electoral roll and has submitted Form-6 during the SIR procedure or subsequently.
This protection is granted as long as the elector is not currently registered in any other Parliamentary or Assembly Constituency and the declaration made complies with legal requirements.
The Chief Electoral Officers have been asked to inform all relevant parties about the clarification and to widely publicize it in local language(s) through available media for the benefit of the public.
The explanation becomes crucial in light of the current discussion surrounding the Special Intensive Revision of electoral rolls and the issues highlighted by different political parties regarding name deletions and the re-enrolment procedure.
Source: IANS
