ECI Clarification on Form-6 Submission for Previous Electors Not in SIR Draft Rolls
ECI CLARIFICATION ON FORM-6 SUBMISSION
Form to Submit
Section 31
Judicial Backing
Declaration Since
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:
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