Election Commission issues clarification on Form 6, addresses voters' fear of prosecution
The Commission further directed that an Electoral Registration Officer (ERO) shall not initiate action under Section 31 of the Representation of the People Act, 1950
- Nov 3, 2026,
- Updated Nov 3, 2026 9:47 PM IST
The Election Commission of India (ECI) has clarified that voters whose names are missing from the draft electoral rolls during the ongoing Special Intensive Revision (SIR) can submit Form 6 for inclusion, even if they were registered previously.
The Commission has also stated that no action under Section 31 of the Representation of the People Act, 1950, will be initiated against voters solely because they were enrolled earlier and have now applied afresh.
In a letter dated November 3, 2026, bearing reference number 23/2026-ERS (Vol.-II), the ECI addressed concerns that had made some previously registered voters hesitant to submit Form 6. The application requires a declaration that the applicant's name is being included in the electoral roll for the first time, prompting fears that reapplying despite previous registration could amount to making a false declaration.
READ THIS: SIR orders were unanimous, Form 6 unchanged: EC defends CEC Gyanesh Kumar in Supreme Court
The Commission clarified that the declaration prescribed under Form 6 has been in force since August 1, 2022. It stated that electors whose names do not appear in the draft electoral roll may apply for inclusion in the final roll, irrespective of whether they were enrolled previously.
According to the ECI, such voters must seek inclusion afresh during the SIR process or afterwards, following the prescribed procedure. Submitting Form 6 in these circumstances is not, by itself, a false declaration merely because the elector was registered earlier.
The Commission further directed that an Electoral Registration Officer (ERO) shall not initiate action under Section 31 of the Representation of the People Act, 1950, solely because an elector was included in a previous electoral roll and has submitted Form 6 during or after the SIR exercise. This clarification applies provided the elector is not already enrolled in another Parliamentary or Assembly constituency, and the declaration otherwise complies with the law.
Delhi High Court judgment cited
The ECI also referred to the Delhi High Court's judgment in Nilotpal Datta & Anr. v. Election Commission of India & Ors., W.P. (C) No. 14955/2026, decided on October 14, 2026. The case involved a previously registered voter who feared that submitting Form 6 would amount to making a false declaration.
According to the Commission's letter, the court considered this apprehension misplaced and allowed the petitioners to submit Form 6 for processing in accordance with the law.
The Election Commission of India (ECI) has clarified that voters whose names are missing from the draft electoral rolls during the ongoing Special Intensive Revision (SIR) can submit Form 6 for inclusion, even if they were registered previously.
The Commission has also stated that no action under Section 31 of the Representation of the People Act, 1950, will be initiated against voters solely because they were enrolled earlier and have now applied afresh.
In a letter dated November 3, 2026, bearing reference number 23/2026-ERS (Vol.-II), the ECI addressed concerns that had made some previously registered voters hesitant to submit Form 6. The application requires a declaration that the applicant's name is being included in the electoral roll for the first time, prompting fears that reapplying despite previous registration could amount to making a false declaration.
READ THIS: SIR orders were unanimous, Form 6 unchanged: EC defends CEC Gyanesh Kumar in Supreme Court
The Commission clarified that the declaration prescribed under Form 6 has been in force since August 1, 2022. It stated that electors whose names do not appear in the draft electoral roll may apply for inclusion in the final roll, irrespective of whether they were enrolled previously.
According to the ECI, such voters must seek inclusion afresh during the SIR process or afterwards, following the prescribed procedure. Submitting Form 6 in these circumstances is not, by itself, a false declaration merely because the elector was registered earlier.
The Commission further directed that an Electoral Registration Officer (ERO) shall not initiate action under Section 31 of the Representation of the People Act, 1950, solely because an elector was included in a previous electoral roll and has submitted Form 6 during or after the SIR exercise. This clarification applies provided the elector is not already enrolled in another Parliamentary or Assembly constituency, and the declaration otherwise complies with the law.
Delhi High Court judgment cited
The ECI also referred to the Delhi High Court's judgment in Nilotpal Datta & Anr. v. Election Commission of India & Ors., W.P. (C) No. 14955/2026, decided on October 14, 2026. The case involved a previously registered voter who feared that submitting Form 6 would amount to making a false declaration.
According to the Commission's letter, the court considered this apprehension misplaced and allowed the petitioners to submit Form 6 for processing in accordance with the law.