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ECI Clarification on Form-6 Submission for Previous Electors Not in SIR Draft Rolls

ECI Clarification on Form-6 Submission for Previous Electors Not in SIR Draft Rolls
ECI Form-6 Clarification SIR 2026

ECI CLARIFICATION ON FORM-6 SUBMISSION

For Previous Electors Not in SIR Draft Electoral Rolls – Notification Dated 03.11.2026
Issuing AuthorityElection Commission of India
Letter No.23/2026-ERS (Vol.-II)
Date of Issue03 November 2026
SubjectForm-6 Submission During SIR
Important Clarification: The ECI has clarified that previous electors whose names do not appear in the draft electoral roll published during the ongoing SIR (Special Intensive Revision) can still submit Form-6 to seek inclusion in the final electoral roll. Such submission does NOT amount to a false declaration under Section 31 of the Representation of the People Act, 1950.

Form to Submit

Form-6
For Inclusion in Final Roll

Section 31

RP Act 1950
No Action Against Electors

Judicial Backing

Delhi HC
Nilotpal Datta & Anr.

Declaration Since

01 Aug 2022
Form-6 Declaration

Key Clarifications in the Notification

  • Issue Identified: Some previous electors whose names were not in the draft electoral roll during SIR were hesitant to submit Form-6 because the form contains a declaration that the applicant's name is being included "for the first time."
  • Clarification: The ECI has clarified that the declaration prescribed under Form-6 (in force since 01.08.2022) does NOT make the submission of Form-6 by a previously enrolled elector false. The submission is for inclusion in the electoral roll under SIR or afterwards.
  • Legal Position: An elector whose name does not appear in the draft roll is required to seek inclusion afresh in the electoral roll, irrespective of whether they were enrolled previously.
  • Judicial Precedent: The clarification aligns with the Delhi High Court judgment in Nilotpal Datta & Anr. (14.10.2026), which held that the apprehension of making a false declaration was misplaced and allowed petitioners to submit Form-6.
  • No Prosecution: No action under Section 31 of the Representation of the People Act, 1950, shall be initiated against an elector merely for submitting Form-6 during SIR, provided the elector is not already enrolled in another constituency and the declaration is otherwise lawful.
  • Publicity: Chief Electoral Officers are directed to give wide publicity to this clarification in local languages.

What This Means for Electors

  • Submit Without Fear: If your name is not in the SIR draft roll, you can safely submit Form-6 without worrying about prosecution.
  • Not a False Declaration: The declaration in Form-6 does not become false merely because you were enrolled previously.
  • Applies to Previously Enrolled Voters: Even if you were a voter before, you must apply afresh if your name is not in the draft roll.
  • One Constituency Rule: The protection applies only if you are not already enrolled in any other Parliamentary or Assembly Constituency.
  • Follow Procedure: Submit Form-6 through the prescribed procedure (online or offline) to ensure your name is included in the final electoral roll.
📄 Download Official Notification
eci.gov.in
Navigate to "Notifications" → "SIR 2026"
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Frequently Asked Questions

What is this ECI notification about?
The notification clarifies that previous electors whose names do not appear in the SIR draft electoral roll can submit Form-6 to seek inclusion in the final roll, without fear of prosecution under Section 31 of the RP Act, 1950.
Will I be prosecuted for submitting Form-6 if I was already enrolled before?
No. The ECI has clarified that no action under Section 31 of the Representation of the People Act, 1950, shall be initiated merely because you were previously enrolled and are submitting Form-6 during SIR.
Why is Form-6 required if my name was already in the previous roll?
Under SIR, if your name is not in the draft roll, you are required to seek inclusion afresh in the electoral roll, irrespective of previous enrolment. Form-6 is the prescribed form for this purpose.
Is the declaration in Form-6 considered false in such cases?
No. The ECI has clarified that the declaration is not false merely because the elector was previously enrolled. The submission is for inclusion in the electoral roll under SIR or afterwards.
Which court judgment supports this clarification?
The Delhi High Court judgment in Nilotpal Datta & Anr. (14.10.2026) held that the apprehension of making a false declaration was misplaced and allowed petitioners to submit Form-6.
Are there any conditions for this protection?
Yes. The protection applies only if the elector is not already enrolled in any other Parliamentary or Assembly Constituency and the declaration made is otherwise in accordance with law.
Where can I download the official notification?
You can download the PDF using the "Download Notification PDF" button above, or visit the official ECI website at eci.gov.in.