The Election Commission of India (ECI) has clarified that voters whose names are missing from the draft electoral rolls under the ongoing Special Intensive Revision (SIR) can apply for fresh inclusion through Form 6. The Commission has also assured that previously registered voters will not face legal action merely for submitting the form again.
The clarification comes amid growing confusion over the use of Form 6, particularly among voters who were already enrolled in earlier electoral rolls but found their names missing from the newly published draft list.
In a letter dated November 3, addressed to the Chief Electoral Officers of all states and Union Territories, the Commission stated that voters whose names do not appear in the draft electoral roll can apply for inclusion in the final list, irrespective of whether they were registered previously.
One of the major concerns surrounding Form 6 was its declaration stating that the applicant was seeking inclusion in the electoral roll for the first time. This created confusion among previously registered voters, who feared that submitting the form again could amount to making a false declaration.
Addressing these concerns, the Commission clarified that submitting Form 6 after a name has been omitted during the SIR process would not, by itself, attract prosecution under Section 31 of the Representation of the People Act, 1950.
The ECI has specifically directed electoral registration officers not to initiate action under Section 31 merely because an applicant was included in an earlier electoral roll and has now submitted Form 6 for fresh inclusion.
However, the protection comes with certain conditions. Applicants must not already be enrolled in another parliamentary or assembly constituency, and their declarations must otherwise comply with the law.
The Commission also referred to an October 14 Delhi High Court judgment in the case of Nilotpal Datta and Another versus the Election Commission of India. The court had observed that the apprehension of previously registered voters about submitting Form 6 was misplaced and allowed their applications to be considered according to the prescribed procedure.
The controversy had also raised questions within the Election Commission. Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had reportedly objected to the insertion of an additional SIR-related declaration in the online Form 6 application, arguing that statutory forms could not be modified without a formal legal amendment.
Meanwhile, the Congress criticised the Commission's clarification, describing it as an attempt to avoid addressing the fundamental concerns surrounding the SIR exercise.
The ECI has now directed state election authorities to publicise the clarification widely, including in regional languages, so that affected voters can understand the procedure and apply for inclusion in the final electoral rolls.
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