To address the apprehension that enrolled voters may not file Form 6 during the Special Intensive Revision (SIR) rolls for fear of prosecution for a false declaration, the Election Commission of India (ECI) on Tuesday assured them they can file it without hesitation and that no action will be taken.
In a letter to the chief electoral officers of all States and Union Territories, the ECI clarified that electors whose names do not appear in the draft roll must seek inclusion afresh under the SIR or later, regardless of whether they were previously enrolled.
The move comes amid concerns among those whose names have been deleted from draft SIR rolls that submitting Form 6, which carries a declaration that the applicant is seeking inclusion in the voters’ list for the first time, could amount to making a false declaration and invite prosecution under the Representation of the People Act.
“It has been brought to the notice of the Commission that certain previous electors, whose names do not figure in the draft electoral roll published during the ongoing SIR, are hesitant to submit Form 6 as these voters are also required to furnish a declaration prescribed in Form 6 to the effect that their name is being included for the first time in the electoral roll. Therefore, such electors believe that submission of Form 6, in view of their previous enrolment, would amount to making a false declaration and render them liable for prosecution under Section 31 of the Representation of the People Act, 1950,” the poll body said in a letter to Chief Electoral Officers of all States and Union Territories.
The decision followed a Delhi High Court ruling in Nilotpal Datta & Anr. v. Election Commission of India & Ors. (W.P. (C) No. 14955/2026), decided on October 14, 2026. The petitioners, who were not first-time voters, had argued that filing Form 6 would be a false declaration.
The court held that their worry was “misplaced” and closed the case, saying they could file Form 6 if they wished, to be processed in accordance with law.
The letter then lays down the rule for election officials: “no action under Section 31 of the Representation of the People Act, 1950, shall be initiated by an Electoral Registration Officer (ERO) against an elector merely on the ground that the elector had been included in a previous electoral roll and has submitted Form 6 during the SIR process or afterwards.” There is a condition. This applies only “provided that the elector is not already enrolled in any other Parliamentary or Assembly Constituency and the declaration made is otherwise in accordance with law.”
The EC clarified that voters whose names do not figure in the draft SIR rolls can submit Form 6 to seek fresh inclusion in the final voters’ list, even if they were enrolled previously. The poll authority said the submission of Form 6 in cases where the name was deleted from the draft SIR roll would not, by itself, constitute a false declaration.
An Electoral Registration Officer cannot initiate action under Section 31 of the Representation of the People Act merely because an elector who was on the earlier electoral roll submits Form 6 during or after the SIR, the EC said.
The electoral body has directed Chief Electoral Officers (CEOs) of all states and Union Territories to widely publicise the clarification through available media platforms and in local languages to ensure voters know the procedure.
The latest clarification comes days after the Supreme Court questioned the EC over its insistence that voters excluded from Delhi’s draft electoral roll following the special intensive revision (SIR) exercise submit Form 6, meant for first-time enrolment, despite having been registered voters in the 2026 electoral roll.