IndiaPosted at: Nov 3 2026 7:36PM


ECI eases SIR hurdle, allows previously enrolled voters to reapply through Form 6 without fear of prosecution

New Delhi, Nov 3 (UNI) The Election Commission of India has clarified that voters whose names are missing from the draft electoral rolls published during the ongoing Special Intensive Revision (SIR) can apply afresh through Form 6 to secure their inclusion in the final voters' list, even if they had been registered as electors earlier. The Commission has also assured that such applicants will not face prosecution merely for submitting the form despite their previous enrolment.
In a clarification issued to the Chief Electoral Officers of all States and union Territories on November 3, the Commission sought to remove apprehensions among previously registered voters who were hesitant to submit Form 6 because its prescribed declaration states that the applicant is seeking inclusion in the electoral roll for the first time.
The concern was that making such a declaration despite having been enrolled earlier could be construed as furnishing false information and invite prosecution under Section 31 of the Representation of the People Act, 1950.
Putting these fears to rest, the ECI said that submission of Form 6 would not, by itself, constitute a false declaration merely because the applicant's name had appeared in an earlier electoral roll. It made clear that anyone whose name does not figure in the draft electoral roll is required to seek fresh inclusion under the SIR process or thereafter, irrespective of previous enrolment.
The clarification assumes significance amid concerns over large-scale deletions and omissions during the ongoing revision exercise, which requires electors whose names are missing from the draft rolls to take steps to establish their eligibility and secure their inclusion in the revised electoral lists. The apprehension of possible legal action over the wording of Form 6 had emerged as an additional obstacle for such voters.
Explaining its position, the Commission pointed out that the declaration prescribed in Form 6 had been in force since August 1, 2022. It also referred to the Delhi High Court's October 14, 2026, judgment in Nilotpal Datta and Another versus Election Commission of India and Others.
The petitioners in the case, who were not first-time voters, had argued that submitting Form 6 could amount to making a false declaration because of the wording of the prescribed undertaking. The High Court, however, held that their apprehension was misplaced and closed the writ proceedings, observing that they were free to submit Form 6, if they so desired, for consideration in accordance with law.
Drawing on the court's observations, the Election Commission has now directed that no action under Section 31 of the Representation of the People Act shall be initiated by an Electoral Registration Officer against an elector merely because the person's name had appeared in a previous electoral roll and the individual subsequently submitted Form 6 during the SIR exercise or thereafter.
The protection, however, is subject to an important condition: the applicant must not already be enrolled in another Parliamentary or Assembly constituency, and the declaration furnished must otherwise comply with the law.
The Commission has instructed all Chief Electoral Officers to communicate the clarification to the officials concerned and give it wide publicity in the public interest. They have also been directed to disseminate the information through available media in their respective States and union Territories, including local-language platforms.
The clarification is expected to remove a significant source of confusion among previously enrolled voters and facilitate their participation in the SIR exercise. It underlines that the omission of a name from the draft electoral roll does not deprive a person of the right to seek fresh enrolment through the prescribed procedure, nor does previous registration by itself expose an applicant to prosecution for submitting Form 6.
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Tags: #ECI eases SIR hurdle# allows previously enrolled voters to reapply through Form 6 without fear of prosecution
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