New Delhi: The Election Commission of India (ECI) has clarified that voters whose names are missing from the draft electoral rolls published during the ongoing Special Intensive Revision (SIR) can apply for fresh inclusion through Form 6, even if they were registered voters in earlier electoral rolls.
In a letter dated November 3 addressed to Chief Electoral Officers of all states and Union Territories, the Commission stated that submitting Form 6 in such cases would not automatically amount to a false declaration or attract prosecution under Section 31 of the Representation of the People Act, 1950.
The clarification comes amid concerns among previously registered voters who were reluctant to submit Form 6 because the application contains a declaration stating that they are seeking inclusion in the electoral roll for the first time.
The Commission explained that anyone whose name is absent from the draft electoral roll must apply afresh for inclusion, regardless of whether they were registered previously. It also directed electoral registration officers not to initiate legal action merely because an applicant had appeared in an earlier electoral roll before submitting Form 6 during or after the SIR exercise.
However, this protection applies provided the applicant is not already enrolled in another parliamentary or assembly constituency and fulfils the other legal requirements.
The clarification follows criticism of the SIR exercise, with the Congress dismissing the Commission’s announcement as an attempt to avoid addressing fundamental concerns. The party alleged that the revision process was intended to exclude voters.
The issue had also triggered objections within the Election Commission, with Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi questioning the addition of an extra declaration to the online Form 6 application without a formal legal amendment.
The Commission referred to an October 14 Delhi High Court judgment in the Nilotpal Datta case, which held that concerns over making a false declaration were misplaced and permitted the petitioners to submit Form 6.
The ECI has directed state election authorities to widely publicise the clarification, including through local languages, to ensure that affected voters are aware of the procedure.
