SIR / Election Commission: Missing voters can file Form-6 without fear of prosecution

New Delhi, Nov 3: Amid concerns and confusion surrounding the ongoing Special Intensive Revision (SIR) of electoral rolls, the Election Commission of India (ECI) has clarified that voters whose names do not appear in the draft electoral rolls can submit Form-6 for inclusion without 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 could amount to making a false declaration and expose them to legal action.

The Election Commission clarified that the declaration prescribed under Form-6 has been in force since August 1, 2022.

It 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 individual was enrolled earlier.

The Commission emphasised that the submission of Form-6 in such circumstances is solely meant for inclusion in the electoral roll under the SIR process or thereafter and cannot be treated as a false declaration merely because the elector had been enrolled previously.

The ECI further noted that the clarification is consistent with the Delhi High Court’s ruling in Nilotpal Datta & Anr. versus Election Commission of India & Ors., delivered on October 14, 2026.

In the case, a voter who was not a first-time elector had contended that filing Form-6 would amount to making a false declaration. The High Court, however, held that the apprehension was misplaced and observed that the petitioners were free to submit Form-6, which would be processed in accordance with law.
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Accordingly, the Commission directed that no action under Section 31 of the Representation of the People Act, 1950, shall be initiated by an Electoral Registration Officer solely because a previously enrolled elector submits Form-6 during the SIR process or thereafter.

The protection applies provided the elector is not already enrolled in another Parliamentary or Assembly constituency and the declaration is otherwise in compliance with the law.

The Commission has asked Chief Electoral Officers to widely publicise the clarification in local languages through available media platforms. The clarification assumes significance amid the ongoing debate over the Special Intensive Revision of electoral rolls and concerns raised by political parties regarding voter deletions and re-enrolment procedures.
(With inputs from IANS)