The Election Commission of India (ECI) has clarified that previous electors whose names do not appear in the draft electoral rolls published during the ongoing Special Intensive Revision (SIR) can submit Form-6 for inclusion without fear of prosecution under Section 31 of the Representation of the People Act, 1950, IANS reported on Tuesday (November 3).

Source: IANS

In a communication dated November 3, 2026, addressed to the Chief Electoral Officers of all States and Union Territories, the Commission noted that some previous electors are hesitant to submit Form-6 because the form requires a declaration that the applicant's name is being included in the electoral roll for the first time.

Source: IANS

What the clarification says

The Commission said the Form-6 declaration has been in force since August 1, 2022, and that an elector whose name is missing from the draft roll must seek inclusion afresh under the SIR or afterwards, whether or not the person was enrolled previously. "The submission of Form-6 in such circumstances is solely for inclusion in the electoral roll under the SIR or afterwards and is not, by itself, false merely because the elector was previously enrolled," the ECI said.

Source: IANS

It directed that no action under Section 31 shall be initiated by an Electoral Registration Officer against an elector merely on the ground that the person was included in a previous electoral roll and has submitted Form-6 during the SIR or afterwards — provided the elector is not already enrolled in any other Parliamentary or Assembly constituency and the declaration is otherwise in accordance with law. Inshorts, summarising the same clarification, reported that no action will be initiated against an elector solely for submitting Form-6 during or after the SIR.

Source: Inshorts

3 Nov 2026Date of ECI communication to all CEOs
Section 31RP Act, 1950 provision the ECI says will not be invoked merely for filing Form-6
1 Aug 2022Form-6 declaration in force since
14 Oct 2026Delhi High Court ruling in Nilotpal Datta case

Why this clarification was needed

The ECI said the clarification aligns with the Delhi High Court's judgment in Nilotpal Datta & Anr. versus Election Commission of India & Ors., decided on October 14, 2026, where the court held the petitioners' apprehension — that a not-first-time voter filing Form-6 would make a false declaration — was misplaced.

Source: IANS

The issue had also reached the Supreme Court: a plea by transparency activists Anjali Bhardwaj and Amrita Johri challenged the Delhi SIR procedure under which 47,56,722 electors (32.78 per cent of pre-SIR voters) were excluded from the draft roll in the ASDD (Absent, Shifted, Dead or Duplicate) category and could return only through Form-6, Live Law reported. The petitioners argued the 'first-time' declaration was factually incorrect for previously enrolled voters and exposed them to Section 31 liability, which carries imprisonment up to one year, or fine, or both. These are the petitioners' arguments, as reported.

Source: Live Law

The Chief Electoral Officers have been asked to bring the clarification to the notice of all concerned and give it wide publicity in local languages and through available media, the ECI said, amid the ongoing debate over SIR deletions and re-enrolment.

Source: IANS