The Election Commission of India (ECI) has issued a significant clarification regarding the submission of Form 6 for voter registration, aiming to alleviate fears among citizens who were previously enrolled but whose names are now absent from the draft electoral rolls during the ongoing Special Intensive Revision (SIR) process.
Previously registered voters expressed apprehension that reapplying via Form 6, which includes a declaration of first-time inclusion, could lead to prosecution under Section 31 of the Representation of the People Act, 1950, for making a false declaration. The ECI has now explicitly stated that such concerns are unfounded.
No Prosecution for Reapplying
In a letter dated November 3, 2026, the ECI clarified that Electoral Registration Officers (EROs) should not initiate action under Section 31 against voters simply because they were previously registered and are now submitting Form 6 afresh. This applies provided the elector is not already enrolled in another constituency and the declaration otherwise complies with legal requirements.
The Commission emphasized that the declaration in Form 6 has been in effect since August 1, 2022. It confirmed that electors whose names do not appear in the draft electoral roll must apply for inclusion in the final roll, regardless of their past registration status. Submitting Form 6 under these circumstances does not constitute a false declaration merely due to prior enrollment.
Delhi High Court Backs ECI Stance
The ECI's clarification is supported by a Delhi High Court judgment in the case of Nilotpal Datta & Anr. v. Election Commission of India & Ors. (W.P. (C) No. 14955/2026), decided on October 14, 2026. The court had considered the apprehension of prosecution for reapplication as misplaced, allowing petitioners to submit Form 6 for processing in accordance with the law.
This directive from the ECI seeks to ensure that no eligible citizen is disenfranchised due to procedural misunderstandings or undue fear of legal repercussions, streamlining the voter registration process during the Special Intensive Revision.